case law air 1964 ker 277 - An Overview
case law air 1964 ker 277 - An Overview
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Google Scholar – an enormous database of state and federal case regulation, which is searchable by keyword, phrase, or citations. Google Scholar also allows searchers to specify which level of court cases to search, from federal, to specific states.
Article 199 of the Constitution allows High Court intervention only when "no other adequate remedy is provided by law." It is actually well-settled that an aggrieved person must exhaust out there remedies before invoking High Court jurisdiction, regardless of whether those remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
Today educational writers will often be cited in legal argument and decisions as persuasive authority; generally, These are cited when judges are attempting to put into action reasoning that other courts have not but adopted, or when the judge thinks the educational's restatement on the legislation is more persuasive than could be found in case legislation. Therefore common legislation systems are adopting among the approaches very long-held in civil regulation jurisdictions.
The lots 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 obvious that police is free to choose action against any person that is indulged in criminal activities issue to regulation. eight. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two months, address the alleged police misconduct. In the event the officials are found culpable, departmental proceedings for their punishment must be initiated, and they shall be assigned non-industry duties from the interim period. Read more
184 . Const. P. 469/2022 (D.B.) Zain Ahmed V/S The I.G of Police and Others Sindh High Court, Karachi In the moment case, the guidelines as set forth would not implement, as the criminal Court hasn't convicted the petitioner, relatively he is acquitted of your criminal charges based on evidence and it truly is well-settled legislation that once the civil servant is acquitted during the criminal case, then on this incredibly charge he cannot be awarded in almost any punishment with the department and held him disqualified for your post because acquittal for all future purposes. The aforesaid proposition has actually been set at naught by the Supreme Court of Pakistan while in the case in the District Police Officer Mainwali and a couple of others v.
The proposal is apparently reasonable and acceded to. In the meantime police shall remain neutral from the private dispute between the parties, however, if any of the individuals is indulged in criminal action the police shall just take prompt action against them under regulation. five. The instant petition is disposed of in the above mentioned terms. Read more
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 a criminal case following a conviction, in NAB Reference No. 20/2011, this does not automatically lead to exoneration from departmental charges based over the same factual grounds. When a writ under Article 199 is on the market in specific limited situations, it can be generally not the suitable remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a full opportunity to cross-examine witnesses and present his/her defense but did not persuade 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 often a free and democratic country, and once a person becomes a major he or she can marry whosoever he/she likes; if the parents on the boy or Woman usually do not approve of such inter-caste or interreligious marriage the maximum they're able to do if they could Slice off social relations with the son or even the daughter, Nevertheless they cannot give threats or commit or instigate for acts of violence and cannot harass the person who check here undergoes such inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or girl who's major undergoes inter-caste or inter-religious marriage with a woman or male that is a major, the pair is neither harassed by everyone nor subjected to threats or acts of violence and anybody who gives these threats or harasses or commits acts of violence possibly himself or at his instigation, is taken to endeavor by instituting criminal proceedings through the police against this sort of persons and further stern action is taken against this sort of person(s) as provided by law.
10. Without touching the merits in the case of your issue of annual increases inside the pensionary emoluments on the petitioner, in terms of policy decision of your provincial government, this sort of yearly increase, if permissible from the case of employees of KMC, requires further assessment to generally be made through the court of plenary jurisdiction. KMC's reluctance as a consequence of funding issues and not enough adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, demanding the petitioner to go after other legal avenues. Read more
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Summaries offer a condensed overview of offences and their penalties, as well as procedural aspects of prosecuting and punishing individuals accused of committing crimes.