Not known Facts About bail case law on sec 337 a ii ppc
Not known Facts About bail case law on sec 337 a ii ppc
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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 will be to apprehend offenders, investigate crimes, and prosecute them before the Courts, also to prevent the commission of crime, and previously mentioned all, assure law and order to protect citizens' lives and property. The law enjoins the police to get scrupulously fair to your offender and 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 together with from other Courts, Nonetheless 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. The a lot of this power casts an obligation on the police and it must bear in mind, as held by this Court that if a person is arrested for any crime, his constitutional and fundamental rights must not be violated. Read more
Today academic writers are sometimes cited in legal argument and decisions as persuasive authority; usually, They can be cited when judges are attempting to put into practice reasoning that other courts have not still adopted, or when the judge believes the academic's restatement of your regulation is more persuasive than is usually found in case regulation. Consequently common legislation systems are adopting among the methods extensive-held in civil law jurisdictions.
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This Court may interfere where the authority held the proceedings against the delinquent officer inside of a fashion inconsistent with the rules of natural justice or in violation of statutory rules prescribing the method of inquiry or where the conclusion or finding attained from the disciplinary authority is based on no evidence. If your summary or finding is including no reasonable person would have ever reached, the Court may interfere with the summary or perhaps the finding and mold the relief to really make it appropriate for 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-respect the evidence or the nature of punishment. Around the aforesaid proposition, we are fortified through the decision of your Supreme Court in the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
Generally speaking, higher courts never have direct oversight over the lessen courts of record, in that they cannot get to out on their initiative (sua sponte) at any time to overrule judgments with the decreased courts.
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Various judgments have affirmed that the mere registration of a crime does not constitute a "public interest" justification for restricting a person's liberty. Therefore, the Respondent's actions in inserting the Petitioner's name to the ECL based over the criminal case are inconsistent with recognized legal principles. Therefore, this petition must be allowed Read more
ten. Without touching the merits of the case in the issue of once-a-year increases during the pensionary emoluments with the petitioner, in terms of policy decision in the provincial government, these yearly increase, if permissible in the case of employees of KMC, demands further assessment to generally be made from the court of plenary jurisdiction. KMC's reluctance on account of funding issues and not enough adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, requiring 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 manner inconsistent with the rules of natural justice or in violation of statutory rules prescribing the method of inquiry or where the conclusion or finding attained via the disciplinary authority is based on no evidence. Should the summary or finding is for instance no reasonable person would have ever arrived at, the Court may well interfere with the conclusion or maybe the finding and mildew the relief to make it proper for the facts of every 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 the nature of punishment. About the aforesaid proposition, we are fortified from the decision on the Supreme Court during 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
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 legislation laid down by the Supreme Court within the case of Haji Muhammad Ismail Memon, check here PLD 2007 SC 35. Hence, the competent authority on the parent department from the petitioner as well as the Chief Secretary, Sindh, are liable to release the pensionary amount of the petitioner and pay back the pension amount and other ancillary benefits on the petitioner to which He's entitled under the legislation within two months from the date of receipt of this order. The competent authority on the respondent can also be directed to recalculate the pensionary benefits from the petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more
If granted absolute immunity, the parties would not only be protected from liability while in the matter, but couldn't be answerable in any way for their actions. When the court delayed making this type of ruling, the defendants took their request for the appellate court.
Where there are several members of the court deciding a case, there might be just one or more judgments supplied (or reported). Only the reason for that decision on the majority can constitute a binding precedent, but all could possibly be cited as persuasive, or their reasoning may be adopted in an argument.
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) 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 for the main case, It is usually a effectively-set up proposition of legislation 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 reach a finding of fact or conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence from the Stricto-Sensu, apply 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 of the charge, however, that is topic on the procedure provided under the relevant rules instead of otherwise, for your reason that the Court in its power of judicial review does not act as appellate authority to re-recognize the evidence and to reach at its independent findings over the evidence.