5 Simple Statements About case laws on 493 crpc pakistan Explained
5 Simple Statements About case laws on 493 crpc pakistan Explained
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9 . 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 law enjoins the police being scrupulously fair for the offender and also the Magistracy is to make 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 also 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 an abundance of this power casts an obligation around the police and it must bear in mind, as held by this Court that if a person is arrested for your crime, his constitutional and fundamental rights must not be violated.
Case regulation is specific to your jurisdiction in which it was rendered. By way of example, a ruling within a California appellate court would not normally be used in deciding a case in Oklahoma.
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. 1479/2024 (S.B.) Mst. Shir Bano and another V/S Province of Sindh and others Sindh High Court, Karachi SHC Citation: SHC-252214 Tag:Primarily, this is really a free and democratic country, and once a person becomes a major they can marry whosoever he/she likes; if the parents with the boy or girl don't approve of these types of inter-caste or interreligious marriage the utmost they're able to do if they might Slice off social relations with the son or the daughter, but they cannot give threats or commit or instigate for acts of violence and cannot harass the person who undergoes this sort of inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or Woman who is major undergoes inter-caste or inter-religious marriage with a woman or male who is a major, the few is neither harassed by anyone nor subjected to threats or acts of violence and anybody who gives these kinds of 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 these persons and further stern action is taken against these types of person(s) as provided by regulation.
This ruling has conditions, and For the reason that petitioners unsuccessful a qualifying Test, they cannot claim equity or this Court's jurisdiction based about 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 on the Constitution. Read more
The Supreme Court's explanation from Fida Muhammad v. Government of Khyber Pakhtunkhwa and others (2021 SCMR 1895), clearly distinguished between up-gradation and promotion. Promotion will involve a transfer to a higher position with increased responsibilities and rank. Upgradation, about the other hand, gives financial relief by positioning an employee inside a higher pay back scale, without altering their task duties or position. It is a mechanism designed to address the stagnation of employees who have remained inside the same fork out scale for an extended time, particularly when they absence opportunities for promotion. Upgradation is really a policy Device used to reduce the hardship of long-term stagnation. Read more
The proposal appears to be reasonable and acceded to. From the meantime police shall remain neutral in the private dispute between the parties, however, if any from the individuals is indulged in criminal exercise the police shall take prompt action against them under law. 5. The instant petition is disposed of in the above mentioned terms. click here Read more
116 . Cr.Misc. 787/2024 (S.B.) Muhammad Anwar V/S S.P Complaint Cell Hyderabad & Others Sindh High Court, Circuit at Hyderabad 2025 SHC HYD twelve Justice on the Peace u/s 22-A is not obliged to afford an opportunity of hearing towards the accused party; nor obliged to necessarily or mechanically issue directions for registration of FIR; but is necessary to take into account all relevant factors, with care and caution; to avoid equipment of criminal regulation from being misused; frivolous complaints must be discouraged; relationship, enmity, transactions, litigation and other remedies, are a few of the relevant factors. Read more
We have been an independent branch of government constitutionally entrusted with the fair and just resolution of disputes in order to preserve the rule of law and also to protect the rights and liberties guaranteed by the Constitution and laws on the United States and this State.
163 . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It's well-settled that when taking into consideration the case of regular promotion of civil servants, the competent authority needs to consider the advantage of many of the qualified candidates and after due deliberations, to grant promotion to these kinds of suitable candidates who will be found being most meritorious among them. Since the petitioner was held to be senior to his colleagues who were promoted in BS-19, the petitioner was disregarded through the respondent department just to increase favor towards the blue-eyed candidate based on OPS, which is apathy to the part on the respondent department.
Binding Precedent – A rule or principle founded by a court, which other courts are obligated to observe.
This page contains slip opinions. Slip opinions are classified as the opinions that are filed around the day that the appellate court issues its decision and in many cases are not the court's final opinion.
Statutory laws are People created by legislative bodies, which include Congress at both the federal and state levels. Whilst this sort of law strives to form our society, giving rules and guidelines, it would be unachievable for any legislative body to anticipate all situations and legal issues.
If that judgment goes to appeal, the appellate court will have the opportunity to review both the precedent and the case under appeal, Most likely overruling the previous case legislation by setting a whole new precedent of higher authority. This could come about several times because the case works its way through successive appeals. Lord Denning, first on the High Court of Justice, later in the Court of Appeal, provided a famous example of this evolutionary process in his advancement in the concept of estoppel starting while in the High Trees case.
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) 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 into the main case, It is usually a nicely-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 succeed in a finding of fact or summary. But that finding must be based on some evidence. Neither the technical rules nor proof of the fact or evidence during the Stricto-Sensu, apply to disciplinary proceedings. When the authority accepts that evidence and conclusion receive support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty from the charge, however, that is subject to the procedure provided under the relevant rules and not otherwise, for your reason that the Court in its power of judicial review does not act as appellate authority to re-appreciate the evidence and to reach at its independent findings over the evidence.