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 law enjoins the police being scrupulously fair on the offender and 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 subject of adverse comments from this Court together with from other courts but 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 about 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.
It is additionally important to note that granting of seniority to some civil servant without the actual duration of service virtually violates your entire service composition like a civil servant inducted in Quality seventeen by claiming this kind of benefit without any experience be directly posted in almost any higher quality, which is neither the intention in the legislation nor with the equity. Read more
14. In the light with the position explained over, it 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 thought of for no fault of his possess and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency during the length of service or in 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
This ruling has conditions, and since the petitioners unsuccessful a qualifying exam, they cannot claim equity or this Court's jurisdiction based within 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 with the Constitution. Read more
This is because transfer orders are typically deemed within the administrative discretion on the employer. However, there could possibly be exceptions in cases where the transfer is determined by malice, personal vendetta, or discrimination against the employee, They might have grounds to challenge before the suitable forum. Read more
Just some years in the past, searching for case precedent was a difficult and time consuming endeavor, requiring people today to search through print copies of case legislation, or to pay for access to commercial online databases. Today, the internet has opened up a bunch of case law search alternatives, and several sources offer free access to case law.
27 . Const. P. 4002/2011 (D.B.) Ibrahim Noor V/S Pakistan International Airways Corporation & Ors. Sindh High Court, Karachi Even, if a petitioner was acquitted inside of a criminal case following a conviction, in NAB Reference No. 20/2011, this does not automatically cause exoneration from departmental charges based over the same factual grounds. While a writ under Article 199 is obtainable in specific limited situations, it can be generally not the right remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a full opportunity to cross-look at witnesses and present his/her defense but didn't influence the department of his/her innocence.
However it's made crystal clear that police is free to take action against any person who's indulged in criminal activities subject matter to regulation. However no harassment shall be caused towards the petitioner, if she acts within the bonds of legislation. Police shall also ensure respect on the family lose in accordance with regulation and if they have reasonable ground to prevent the congnizable offence they're able to act, as far as raiding the house is concerned the police shall protected concrete evidence and acquire necessary permission from the concerned high police official/Magistrate as a issue of security in the house is concerned, which will not be public place under the Act 1977. nine. Considering the aforementioned details, the objective of filing this petition has become obtained. Consequently, this petition is hereby disposed of within the terms stated over. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads forty Order Date: 08-APR-twenty five Approved for Reporting WhatsApp
Some bodies are offered statutory powers to issue guidance with persuasive authority or similar statutory effect, like the Highway Code.
Binding Precedent – A rule or principle proven by a court, which other courts are obligated to adhere to.
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 in the regulation laid down through the Supreme Court within the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. Thus, the competent authority from the parent department of the petitioner as well as the Chief Secretary, Sindh, are liable to release the pensionary amount on the petitioner and pay back the pension amount and other ancillary benefits to the petitioner to which He's entitled under the legislation within two months from the date of receipt of this order. The competent authority of the respondent is additionally directed to recalculate click here the pensionary benefits of the petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more
10. Based around the findings from the inquiry committee, this petition is just not considered maintainable and it is therefore liable being dismissed, which is dismissed accordingly with pending application(s) if any. Read more
Ordinarily, only an appeal accepted because of the court of final resort will resolve these kinds of differences and, For several reasons, such appeals will often be not granted.
Rulings by courts of “lateral jurisdiction” usually are not binding, but could possibly be used as persuasive authority, which is to present substance into the party’s argument, or to guide the present court.