The Basic Principles Of engagement case law in pakistan
The Basic Principles Of engagement case law in pakistan
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As the Supreme Court may be the final arbitrator of all cases where the decision has become attained, therefore the decision of the Supreme Court needs being taken care of as directed in terms of Article 187(2) in the Constitution. 10. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
In Dosso's case (1958), the Pakistan Supreme Court used jurist Hans Kelsen's theory that a revolution can be justified when The essential norm underlying a Constitution disappears along with a new system is place in its place.
10 . Const. P. 235/2025 (S.B.) Atif S/o Latif V/S Province of Sindh and others Sindh High Court, Karachi The law enjoins the police to be scrupulously fair to your offender plus 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 regulation and order situation have been the topic of adverse comments from this Court and also from other courts but 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 Considering that the petitioners failed a qualifying Test, they cannot claim equity or this Court's jurisdiction based about the Niazi case analogy. nine. 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
Therefore, the petition and any related applications are dismissed. The Petitioner must pursue his remedy through an appeal before the competent authority. If this kind of an appeal hasn't but been decided, it should be addressed. Following that decision, the Petitioner may perhaps then look for further recourse before the Service Tribunal. Read more
To the foregoing reasons the moment suit is dismissed with no order as to cost. Office to prepare decree in the above terms. Read more
116 . Cr.Misc. 787/2024 (S.B.) Muhammad Anwar V/S S.P Complaint Cell Hyderabad & Others Sindh High Court, Circuit at Hyderabad 2025 SHC HYD twelve Justice on the Peace u/s 22-A is just not obliged to afford an opportunity of hearing for the accused party; nor obliged to always or mechanically issue directions for registration of FIR; but is required to think about all relevant factors, with care and caution; to avoid machinery of criminal regulation from being misused; frivolous complaints must be discouraged; relationship, enmity, transactions, litigation and other remedies, are some of the relevant factors. Read more
We've been an independent branch of government constitutionally entrusted with the fair and just resolution of disputes in order to preserve the rule of legislation and to protect the rights and liberties guaranteed by the Constitution and laws of the United States and this State.
ten. Without touching the merits of the case from the issue of once-a-year increases from the pensionary emoluments of the petitioner, in terms of policy decision in the provincial government, these yearly increase, if permissible inside the case of employees of KMC, needs further assessment to get made via the court of plenary jurisdiction. KMC's reluctance as a consequence of funding issues and deficiency of adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, necessitating the petitioner to pursue other legal avenues. Read more
This Court may interfere where the authority held the proceedings against the delinquent officer in a very fashion inconsistent get more info with the rules of natural justice or in violation of statutory rules prescribing the manner of inquiry or where the summary or finding achieved from the disciplinary authority is based on no evidence. If your conclusion or finding is like no reasonable person would have ever attained, the Court may well interfere with the conclusion or even the finding and mildew the relief to make it appropriate to the facts of each and every case. In service jurisprudence, the disciplinary authority is the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-enjoy the evidence or maybe the nature of punishment. About the aforesaid proposition, we are fortified from the decision of your Supreme Court from the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Source: Order: Downloads 337 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
Matter:-DIRECTION Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) 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 SHC Citation: SHC-252210 Tag:The legislation enjoins the police to get scrupulously fair to the offender as well as 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 law and order situation have been the topic of adverse comments from this Court together with from other courts Nevertheless 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 lots 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 a crime, his constitutional and fundamental rights must not be violated.
Statutory laws are All those created by legislative bodies, including Congress at both the federal and state levels. While this form of law strives to condition our society, offering rules and guidelines, it would be extremely hard for any legislative body to anticipate all situations and legal issues.
156 . Const. P. 1015/2021 (D.B.) Muhammad Saleem Jehangir V/S Province of Sindh and Others Sindh High Court, Karachi Additionally it is important to note that neither seniority nor promotion is the vested right of the civil servant, therefore, neither any seniority nor any promotion might be claimed or granted without the actual duration of service on account of vested rights. The purpose of prescribing a particular size of service for getting to be entitled to become regarded for promotion to the higher grade, of course, is not really without logic since the officer that is initially inducted into a particular post needs to provide about the claimed post to gain experience to hold the next higher post and to provide the public inside of a befitting method.
Therefore, this petition is found being not maintainable and is particularly dismissed along with the pending application(s), as well as petitioners may search for remedies through the civil court process as discussed supra. Read more