However, the above mentioned observation is without prejudice to the legal rights on the parties, arising out of the over marriage with the few, if any, pending before the competent court of legislation. Read more
The police has the power to arrest a person even without obtaining a warrant of arrest from a court. The lots of this power casts an obligation within the police and it must bear in mind, as held by this Court that if a person is arrested for just a crime, his constitutional and fundamental rights must not be violated. Read more
In addition it addresses the limitation period under Article ninety one and 120 of the Limitation Act, focusing on when plaintiff to hunt cancellation. The importance of deciding application under Order VII Rule eleven CPC based solely on plaint averments in highlighted, excluding extrinsic material at this stage. Read more
The a good amount of this power casts an obligation around the police and it must bear in mind, as held by this Court that if a person is arrested for a crime, his constitutional and fundamental rights must not be violated. However it really is made clear that police is free to consider action against any person that's indulged in criminal activities subject to law. 8. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two weeks, address the alleged police misconduct. If your officials are found culpable, departmental proceedings for their punishment must be initiated, they usually shall be assigned non-industry duties in the interim period. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Source: Order: Downloads 113 Order Date: 08-APR-25 Approved for Reporting WhatsApp
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 a higher position with increased responsibilities and rank. Upgradation, within the other hand, supplies financial relief by positioning an employee inside a higher pay out scale, without transforming their position duties or position. It is a mechanism designed to address the stagnation of employees who have remained inside the same fork out scale for a lengthy time, particularly when they lack chances for promotion. Upgradation is usually a policy Instrument used to relieve the hardship of lengthy-term stagnation. Read more
As the Supreme Court would be the final arbitrator of all cases where the decision has actually been reached, therefore the decision in the Supreme Court needs to be taken care of as directed in terms of Article 187(two) with the Constitution. 10. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
27 . Const. P. 4002/2011 case law sindh high court (D.B.) Ibrahim Noor V/S Pakistan International Airways Corporation & Ors. Sindh High Court, Karachi Even, if a petitioner was acquitted inside a criminal case following a conviction, in NAB Reference No. twenty/2011, this does not automatically bring on exoneration from departmental charges based about the same factual grounds. Even though a writ under Article 199 is obtainable in specific limited situations, it is generally not the right 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 didn't persuade the department of his/her innocence.
11 . Const. P. 1479/2024 (S.B.) Mst. Shir Bano and another V/S Province of Sindh and others Sindh High Court, Karachi Primarily, this is often a free and democratic place, and once a person becomes a major he or she can marry whosoever he/she likes; In case the parents of the boy or Lady do not approve of these inter-caste or interreligious marriage the maximum they will do if they are able to Slice off social relations with the son or the daughter, However they cannot give threats or commit or instigate for acts of violence and cannot harass the person who undergoes these types of inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or Woman that is major undergoes inter-caste or inter-religious marriage with a woman or person that is a major, the pair is neither harassed by any person nor subjected to threats or acts of violence and anybody who presents this sort of threats or harasses or commits acts of violence both himself or at his instigation, is taken to endeavor by instituting criminal proceedings through the police against these persons and further stern action is taken against such person(s) as provided by law.
On June sixteen, 1999, a lawsuit was filed on behalf from the boy by a guardian advert litem, against DCFS, the social worker, and the therapist. A similar lawsuit was also filed on behalf on the Roe’s victimized son by a different guardian advert litem. The defendants petitioned the trial court for a dismissal based on absolute immunity, as they were all acting in their Positions with DCFS.
Binding Precedent – A rule or principle established by a court, which other courts are obligated to observe.
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 from the regulation laid down because of the Supreme Court while in the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. Hence, the competent authority from the parent department of the petitioner along with the Chief Secretary, Sindh, are liable to release the pensionary amount of your petitioner and pay the pension amount and other ancillary benefits into the petitioner to which he is entitled under the legislation within two months from the date of receipt of this order. The competent authority in the respondent is likewise 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
Statutory laws are These created by legislative bodies, which include Congress at both the federal and state levels. While this sort of legislation strives to form our society, giving rules and guidelines, it would be not possible for just about any legislative body to anticipate all situations and legal issues.
eight. For that reasons stated above, this court finds the petition to generally be without legal or factual foundation and therefore dismisses it. This court concurs with the respondents' position as contend within the comments, and their request is So acceded to. All pending applications, if any, will also be dismissed. Read more
These judicial interpretations are distinguished from statutory regulation, which are codes enacted by legislative bodies, and regulatory law, which are recognized by executive agencies based on statutes.