Facts About case law on status quo on transfer of legal shares Revealed
Facts About case law on status quo on transfer of legal shares Revealed
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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 legislation enjoins the police being scrupulously fair to your offender along with the Magistracy is to be 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 regulation and order situation have been the topic of adverse comments from this Court and from other courts Nevertheless they have failed to 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 an abundance 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 just a crime, his constitutional and fundamental rights must not be violated.
Case legislation is specific on the jurisdiction in which it had been rendered. As an illustration, a ruling in the California appellate court would not ordinarily be used in deciding a case in Oklahoma.
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 regulation enjoins the police for being scrupulously fair on the offender along with 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 law and order situation have been the topic of adverse comments from this Court as well as from other courts Nevertheless 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 good amount of this power casts an obligation within 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. However it truly is made crystal clear that police is free to choose action against any person that's indulged in criminal activities issue to law. eight. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two months, address the alleged police misconduct. If the officials are found culpable, departmental proceedings for their punishment must be initiated, and they shall be assigned non-subject duties within the interim period. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 113 Order Date: 08-APR-25 Approved for Reporting WhatsApp
The Supreme Court's explanation from Fida Muhammad v. Government of Khyber Pakhtunkhwa and others (2021 SCMR 1895), Obviously distinguished between up-gradation and promotion. Promotion entails a move to your higher position with increased responsibilities and rank. Upgradation, around the other hand, supplies financial relief by positioning an employee in a higher spend scale, without shifting their career duties or position. It is a system designed to address the stagnation of employees who have remained inside the same fork out scale for a lengthy time, particularly when they lack alternatives for promotion. Upgradation can be a policy Device used to relieve the hardship of very long-term stagnation. Read more
Generally speaking, higher courts tend not to have direct oversight over the decreased courts of record, in that they cannot access out on their initiative (sua sponte) at any time to overrule judgments with the lower courts.
PLR is actually a revolutionizing platform democratizing and making legal research easy and accessible in Pakistan :
168 . H.C.A 203/2016 (D.B.) Saleh Muhammad V/S Faqir Muhammad & others Sindh High Court, Karachi Matter: Appeal At times it's effortless for the Judge to dismiss the suit for non-prosecution, however, a Judge is under the obligation to create an attempt to get rid of a case on merit and more importantly when after recording of evidence it's arrived at into a stage of final arguments, endeavors should be made for merit disposal when it's arrived at this sort of stage. Read more
10. Without touching the merits with the case from the issue of once-a-year increases during the pensionary emoluments from the petitioner, in terms of policy decision of your provincial government, this kind of annual increase, if permissible inside the case of employees of KMC, involves further assessment to become made with the court of plenary jurisdiction. KMC's reluctance due to funding issues and lack of 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
12. There isn't any denial from the fact that in Government service it is predicted that the persons acquiring their character previously mentioned board, free from any moral stigma, are for being inducted. Verification of character and antecedents can be 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 is that the only impediment to being appointed to your Government service would be the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a method out or guise to try and do absent with the candidature from the petitioner. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads 185 Order Date: 15-JAN-twenty five Approved for Reporting WhatsApp
162 . Const. P. 256/2025 click here (D.B.) Hafeezullah V/S Govt of Sindh & Others Sindh High Court, Karachi It is actually well-settled that the civil servants must first go after internal appeals within 90 days. In the event the appeal is not decided within that timeframe, he/she will be able to then solution the service tribunal to challenge the original order. Once they do so, the Tribunal must decide the appeal on merits and cannot merely direct the department to decide it, since the 90 days with the department to act has already expired. Around the aforesaid proposition, we're guided from the decision on the Supreme Court during the case of Dr.
Statutory laws are Individuals created by legislative bodies, for instance Congress at both the federal and state levels. Though this kind of law strives to form our society, delivering rules and guidelines, it would be difficult for just about any legislative body to anticipate all situations and legal issues.
Because of their position between the two main systems of law, these types of legal systems are sometimes referred to as mixed systems of regulation.
refers to law that will come from decisions made by judges in previous cases. Case law, also known as “common law,” and “case precedent,” provides a common contextual background for certain legal concepts, and how They may be applied in certain types of case.