case when law is silent Things To Know Before You Buy
case when law is silent Things To Know Before You Buy
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As being the Supreme Court will be the final arbitrator of all cases where the decision has long been reached, therefore the decision of your Supreme Court needs to generally be taken care of as directed in terms of Article 187(two) from the Constitution. 10. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
It is also important to note that granting of seniority into a civil servant without the actual size of service pretty much violates your complete service structure as a civil servant inducted in Grade 17 by claiming these types of benefit without any experience be directly posted in any higher grade, which is neither the intention in the law nor in the equity. Read more
10 . Const. P. 235/2025 (S.B.) Atif S/o Latif V/S Province of Sindh and others Sindh High Court, Karachi The law enjoins the police to generally be scrupulously fair to the offender as well as 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 legislation and order situation have been the topic of adverse comments from this Court as well as from other courts but 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 a good amount of this power casts an obligation about the police and it must bear in mind, as held by this Court that if a person is arrested for the crime, his constitutional and fundamental rights must not be violated. However it can be made crystal clear that police is free to acquire action against any person who's indulged in criminal activities topic 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-area duties during the interim period. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 113 Order Date: 08-APR-twenty five Approved for Reporting WhatsApp
thirteen. The Supreme Court has held that when the act of misconduct is recognized plus the employee is found guilty after thanks process of regulation, it's the prerogative of the employer to decide the quantum of punishment, out of the various penalties provided in law. The casual or unpremeditated observation that the penalty imposed is just not proportionate with the seriousness on the act of misconduct will not be sufficient nevertheless the order must show that the competent authority has applied its mind and exercised the discretion in the structured and read more lawful fashion. Read more
Most of the volumes (together with more recent volumes than the library's holdings) also are out there online through the Caselaw Access Project.
116 . Cr.Misc. 787/2024 (S.B.) Muhammad Anwar V/S S.P Complaint Mobile Hyderabad & Others Sindh High Court, Circuit at Hyderabad 2025 SHC HYD twelve Justice from the Peace u/s 22-A just isn't obliged to afford a chance of hearing on the accused party; nor obliged to always or mechanically issue directions for registration of FIR; but is needed to take into consideration all relevant factors, with care and caution; to avoid equipment of criminal legislation from being misused; frivolous complaints must be discouraged; relationship, enmity, transactions, litigation and other remedies, are many of the relevant factors. Read more
However it is made apparent that police is free to choose action against any person who is indulged in criminal activities topic to law. However no harassment shall be caused into the petitioner, if she acts within the bonds of regulation. Police shall also guarantee respect in the family drop in accordance with law and should they have reasonable ground to prevent the congnizable offence they could act, so far as raiding the house is concerned the police shall secure concrete evidence and acquire necessary permission from the concerned high police official/Magistrate being a issue of security from the house is concerned, which is just not public place under the Act 1977. 9. Contemplating the aforementioned details, the objective of filing this petition has long been obtained. Therefore, this petition is hereby disposed of while in the terms stated above. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads 40 Order Date: 08-APR-twenty five Approved for Reporting WhatsApp
163 . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It is very well-settled that whilst looking at the case of standard promotion of civil servants, the competent authority needs to look at the benefit of each of the suitable candidates and after due deliberations, to grant promotion to these qualified candidates who are found being most meritorious among them. Because the petitioner was held to become senior to his colleagues who were promoted in BS-19, the petitioner was ignored with the respondent department just to extend favor to the blue-eyed candidate based on OPS, which is apathy about the part in the respondent department.
Article 27 on the Constitution does not only safeguard against discrimination in the time of appointment of service but after the appointment at the same time. The disparity while in the fork out scale allowances of Stenographers inside the District Judiciary is while in the crystal clear negation of your legislation laid down with the Supreme Court in its numerous pronouncements. Read more
162 . Const. P. 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others Sindh High Court, Karachi It is actually well-settled that the civil servants must first pursue internal appeals within 90 days. If your appeal is not really decided within that timeframe, he/she can then method the service tribunal to challenge the initial order. Once they are doing so, the Tribunal must decide the appeal on merits and cannot merely direct the department to decide it, as being the ninety times for that department to act has already expired. Within the aforesaid proposition, we are guided through the decision of the Supreme Court during the case of Dr.
Summaries of cases that condition the lives of youthful individuals, ensuring a further understanding of justice within the juvenile system. Knowledge that matters, crafted for legal professionals and fanatics alike.
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.
refers to legislation that arrives from decisions made by judges in previous cases. Case legislation, also known as “common legislation,” and “case precedent,” gives a common contextual background for certain legal concepts, And the way They can be applied in certain types of case.