case when law is silent Things To Know Before You Buy

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 from the police would be to apprehend offenders, look into crimes, and prosecute them before the Courts, also to prevent the commission of crime, and earlier mentioned all, assure regulation and order to protect citizens' lives and property. The legislation enjoins the police to get scrupulously fair towards the offender along with 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 law and order situation have been the subject of adverse comments from this Court as well as from other Courts, Nonetheless they have failed to have any corrective effect on it.

A guide to online and print sources of Washington State court opinions, rules, forms, and jury instructions

14. From the light of the position explained above, it truly is concluded that a civil servant includes a fundamental right to generally be promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but could not be regarded for no fault of his possess and In the meantime he retired on attaining the age of superannuation without any shortcoming on his part about deficiency inside the size of service or inside 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(Author) Source: Order: Downloads 433 Order Date: 24-JAN-25 Approved for Reporting WhatsApp

Also, it could review an appeal of a decision for which it has granted certification. In addition to its legal authority, the Court holds limited political authority. It will review and finalize a decision by The brand new Jersey Redistricting Commission on redistricting congressional districts When the Commission cannot arrive at a decision.

thirteen. The Supreme Court has held that as soon as the act of misconduct is set up as well as the employee is found guilty after owing process of law, it is the prerogative on the employer to decide the quantum of punishment, away from the assorted penalties provided in law. The casual or unpremeditated observation that the penalty imposed just isn't proportionate with the seriousness with the act of misconduct will not be enough though the order must show that the competent authority has applied its mind and exercised the discretion inside of a structured and lawful way. Read more

Generally speaking, higher courts will not have direct oversight over the lessen courts of record, in that they cannot achieve out on their initiative (sua sponte) at any time to overrule judgments on the lessen courts.

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 within a criminal case following a conviction, in NAB Reference No. 20/2011, this does not automatically result in exoneration from departmental charges based over the same factual grounds. Even though a writ under Article 199 is offered in specific limited situations, it truly is generally not the appropriate remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a full opportunity to cross-take a look at witnesses and present his/her defense but did not encourage the department of his/her innocence.

eleven . 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 really a free and democratic region, and once a person becomes a major he / she can marry whosoever he/she likes; When the parents in the boy or Lady don't approve of such inter-caste or interreligious marriage the maximum they can do if they're able to Minimize 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 kinds of inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or Lady who is major undergoes inter-caste or inter-religious marriage with a woman or man that is a major, the few is neither harassed by any person nor subjected to threats or acts of violence and anybody who provides these types of threats or harasses or commits acts of violence possibly himself or at his instigation, is taken to process by instituting criminal proceedings through the police against such persons and further stern action is taken against these person(s) as provided by legislation.

In certain jurisdictions, case law is usually applied to ongoing adjudication; for example, criminal proceedings or family legislation.

500,000/- (Rupees 5 hundred thousand only) each plus the same shall be saved inside the police station into the effect that no harm shall be caused on the petitioners. five. In view of the above mentioned, this Constitutional Petition is disposed of Read more

Federalism also plays a major role in determining the authority of case regulation in the particular court. Indeed, Every single circuit has its very own list of binding case regulation. Therefore, a judgment rendered inside the Ninth Circuit will not be binding within the read more Second Circuit but will have persuasive authority.

Any court may find to distinguish the present case from that of the binding precedent, to reach a different conclusion. The validity of such a distinction might or might not be accepted on appeal of that judgment into a higher court.

In determining whether employees of DCFS are entitled to absolute immunity, which is generally held by certain government officials performing within the scope of their employment, the appellate court referred to case legislation previously rendered on similar cases.

Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) 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 on the main case, it is also a very well-proven 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 succeed in a finding of fact or summary. But that finding must be based on some evidence. Neither the technical rules nor proof of the fact or evidence in the Stricto-Sensu, use to disciplinary proceedings. When the authority accepts that evidence and conclusion get support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty on the charge, however, that is matter to your procedure provided under the relevant rules and not otherwise, with the reason that the Court in its power of judicial review does not act as appellate authority to re-take pleasure in the evidence and to reach at its independent findings to the evidence.

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