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Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) 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 for being scrupulously fair into the offender and 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 and also from other courts Nonetheless 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.
This ruling has conditions, and Because the petitioners failed a qualifying Examination, they cannot claim equity or this Court's jurisdiction based over the Niazi case analogy. 9. In view of the above facts and circumstances in the case, petitioners have not demonstrated a case for this court's intervention under Article 199 in the Constitution. Read more
thirteen. The Supreme Court has held that once the act of misconduct is recognized along with the employee is found guilty after due process of regulation, it's the prerogative on the employer to decide the quantum of punishment, from the various penalties provided in law. The casual or unpremeditated observation that the penalty imposed is not really proportionate with the seriousness on the act of misconduct just isn't sufficient but the order must show that the competent authority has applied its mind and exercised the discretion in a structured and lawful fashion. Read more
In order to preserve a uniform enforcement on the laws, the legal system adheres to the doctrine of stare decisis
In 1996, the Nevada Division of Child and Family Services (“DCFS”) removed a 12-year previous boy from his home to protect him from the horrible physical and sexual abuse he had experienced in his home, and to prevent him from abusing other children in the home. The boy was placed within an crisis foster home, and was later shifted close to within the foster care system.
Amir Abdul Majid, 2021 SCMR 420. 12. There is no denial from the fact that in Government service it is predicted that the persons acquiring their character over board, free from any moral stigma, are to be inducted. Verification of character and antecedents is usually a condition precedent for appointment to your Government service. The candidates must have good character and provide two recent character certificates from unrelated individuals. What is discernible from the above is that the only impediment to being appointed to the 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 way out or guise to complete absent with the candidature in the petitioner. Read more
161 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming into the main case, it is also a perfectly-recognized 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 the fact or evidence from the Stricto-Sensu, utilize to disciplinary proceedings. When the authority accepts that evidence and summary receive support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty of your charge, however, that is subject to your procedure provided under the relevant rules rather than otherwise, for your reason that the Court in its power of judicial review does not act as appellate authority to re-enjoy the evidence and to arrive at its independent findings to the evidence.
Article 199 of your Constitution allows High Court intervention only when "no other ample remedy is provided by law." It's properly-settled that an aggrieved person must exhaust out there remedies before invoking High Court jurisdiction, regardless of whether These remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
The police have the power to arrest a person even without obtaining a warrant of arrest from a Court for cognizable offenses. The existence of this power casts an obligation on the police, and they must bear in mind, as held by this Court from time to time in its various pronouncemnts, that if a person is arrested for the crime, his constitutional and fundamental rights must not be violated. Primarily, the Police Officers are needed to protect rather than abduct. Read more
The different roles of case legislation in civil and common legislation traditions create differences in the way that courts render decisions. Common legislation courts generally explain in detail the legal rationale guiding their decisions, with citations of both legislation and previous relevant judgments, and infrequently interpret the broader legal principles.
Because of their position between the two main systems of law, these types of legal website systems are sometimes referred to as mixed systems of regulation.
The Court directed the Chief Secretary of Sindh to make sure the Act's effective implementation in line with its unique purpose and called for educational programs Bachelor degree(s) in the subject of cooperative societies. Read more