famous case laws in pakistan Secrets
famous case laws in pakistan Secrets
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Article 199 in the Constitution allows High Court intervention only when "no other suitable remedy is provided by legislation." It truly is very well-settled that an aggrieved person must exhaust readily available remedies before invoking High Court jurisdiction, regardless of whether All those remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. 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 legislation enjoins the police to generally be scrupulously fair for the offender plus the Magistracy is to be 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 subject of adverse comments from this Court and also 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.
This ruling has conditions, and Because the petitioners unsuccessful a qualifying Examination, they cannot claim equity or this Court's jurisdiction based within the Niazi case analogy. 9. 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 Court may well interfere where the authority held the proceedings against the delinquent officer inside of a manner inconsistent with the rules of natural justice or in violation of statutory rules prescribing the manner of inquiry or where the summary or finding achieved with the disciplinary authority is based on no evidence. If your summary or finding is for instance no reasonable person would have ever attained, the Court could interfere with the conclusion or the finding and mould the relief to really make it proper for the facts of each case. In service jurisprudence, the disciplinary authority is definitely the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-take pleasure in the evidence or perhaps the nature of punishment. About the aforesaid proposition, we're fortified through the decision of your Supreme Court inside the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
Since the Supreme Court may be the final arbitrator of all cases where the decision continues to be arrived at, therefore the decision on the Supreme Court needs to become taken care of as directed in terms of Article 187(two) in the Constitution. ten. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
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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 usually a free and democratic state, and once a person becomes a major they can marry whosoever he/she likes; In the event the parents of your boy or Woman do not approve of these types of inter-caste or interreligious marriage the maximum they will do if they're able to Slash off social relations with the son or even the daughter, Nonetheless they cannot give threats or commit or instigate for acts of violence and cannot harass the person who undergoes this sort of inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or Female who's major undergoes inter-caste or inter-religious marriage with a woman or male that's a major, the couple is neither harassed by everyone nor subjected to threats or acts of violence and anybody who gives these kinds of threats or harasses or commits acts of violence possibly himself or at his instigation, is taken to activity by instituting criminal proceedings because of the police against such persons and further stern action is taken against this sort of person(s) as provided by regulation.
The DCFS social worker in charge on the boy’s case experienced the boy made a ward of DCFS, As well as in her 6-month report into the court, the worker elaborated about the boy’s sexual abuse history, and stated that she planned to maneuver him from a facility into a “more homelike setting.” The court approved her plan.
12. There is not any denial from the fact that in Government service it is anticipated that the persons getting their character above board, free from any moral stigma, are being inducted. Verification of character and antecedents is often a condition precedent for appointment to some Government service. The candidates must have good character and supply two recent character certificates from unrelated individuals. What is discernible from the above mentioned is that the only impediment to being appointed to some Government service may be the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a way out or guise to complete away with the candidature with the petitioner. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 185 Order Date: 15-JAN-twenty five Approved for Reporting WhatsApp
The police have the power to arrest a person even without obtaining a warrant of arrest from a Court for cognizable website offenses. The presence of this power casts an obligation over the police, they usually must bear in mind, as held by this Court from time to time in its various pronouncemnts, that if a person is arrested to get a crime, his constitutional and fundamental rights must not be violated. Primarily, the Police Officers are needed to protect instead of abduct. Read more
If granted absolute immunity, the parties would not only be protected from liability during the matter, but could not be answerable in almost any way for their actions. When the court delayed making this kind of ruling, the defendants took their request into the appellate 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.
The learned Tribunal shall decide the case on merits, without being influenced via the findings while in the Impugned order, after recording of evidence from the respective parties. Read more