5 Simple Statements About case laws on 493 crpc pakistan Explained

Since the Supreme Court is definitely the final arbitrator of all cases where the decision has actually been arrived at, therefore the decision on the Supreme Court needs to 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

Article 199 on the Constitution allows High Court intervention only when "no other suitable remedy is provided by regulation." It is actually perfectly-settled that an aggrieved person must exhaust accessible remedies before invoking High Court jurisdiction, regardless of whether People remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. 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 being scrupulously fair for the offender plus 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 law and order situation have been the subject of adverse comments from this Court and from other courts Nevertheless they have did not 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.

Also, it may review an appeal of a decision for which it has granted certification. In addition to its legal authority, the Court holds limited political authority. It will review and finalize a decision by The brand new Jersey Redistricting Commission on redistricting congressional districts If your Commission cannot achieve a decision.

thirteen. The Supreme Court has held that once the act of misconduct is proven and also the employee is found guilty after thanks process of legislation, it is the prerogative of your employer to decide the quantum of punishment, away from the assorted penalties provided in regulation. The casual or unpremeditated observation that the penalty imposed will not be proportionate with the seriousness in the act of misconduct is not enough nevertheless the order must show that the competent authority has applied its mind and exercised the discretion within a structured and lawful method. Read more

In order to preserve a uniform enforcement with the laws, the legal system adheres to the doctrine of stare decisis

PLR is usually a revolutionizing platform democratizing and making legal research easy and accessible in Pakistan :

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 usually a free and democratic state, and once a person becomes a major he or she can marry whosoever he/she likes; When the parents on the boy or Lady never approve of such inter-caste or interreligious marriage the maximum they can do if they could Slice off social relations with the son or perhaps the daughter, Nonetheless they cannot give threats or commit or instigate for acts of violence and cannot harass the person who undergoes these kinds of inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or Lady that's major undergoes inter-caste or inter-religious marriage with a woman or person that is a major, the pair is neither harassed by anyone nor subjected to threats or acts of violence and anyone who gives this sort of threats or harasses or commits acts of violence either himself or at his instigation, is taken to job by instituting criminal proceedings with the police against these types of persons and further stern action is taken against these person(s) as provided by legislation.

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 regular promotion of civil servants, the competent authority should look at the merit of the many qualified candidates and after thanks deliberations, to grant promotion to this sort of suitable candidates who will be found to become most meritorious amongst them. For the reason that petitioner was held for being senior to his colleagues who were promoted in BS-19, the petitioner was ignored with the respondent department just to extend favor into the blue-eyed candidate based on OPS, which is apathy to the part on the respondent department.

Matter:-PROTECTION Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. 114/2025 (S.B.) Mst. Zoya and another V/S The Province of Sindh and others Sindh High Court, Karachi SHC Citation: SHC-251830 Tag:Additionally, the main objectives on the police will be to apprehend offenders, examine crimes, and prosecute them before the Courts, also to prevent the commission of crime, and over all, be certain legislation and order to protect citizens' lives and property. The legislation enjoins the police to be scrupulously fair towards the offender and the Magistracy is to make sure a fair investigation and fair trial for an offender. Unfortunately, these objectives have remained unfulfilled. Deviations of police officers and police excesses in dealing with the regulation and order situation have been the subject of adverse comments from this Court in addition to from other Courts, Nonetheless they have didn't have any corrective effect on it.

182 . Const. P. 6025/2024 (D.B.) Dr. Pritam Das V/S Province of Sindh & Others Sindh High Court, Karachi So far as the stance of your respondents that pensionary benefits could be withheld on account of your allegations leveled against the petitioner, inside our view, section 20 on the Sindh Civil Servants Act of 1973 deals with the pension and gratuity that civil servants are entitled to. However, the act does present for certain circumstances under which a civil servant's pension might be withheld or reduced. These consist of if a civil servant is found guilty of misconduct or negligence during their service, their pension could possibly be withheld or reduced. If a civil servant is convicted of a significant crime, their pension could be withheld or reduced. In some cases, a civil servant's pension can be withheld or reduced if he/she fails to comply with certain conditions set through the government.

In 1997, the boy was placed into the home of John and Jane Roe being a foster child. Although the couple experienced two youthful children of their have at home, the social worker didn't inform them about the boy’s history of both being abused, and abusing other children. When she made her report on the court the following day, the worker reported the boy’s placement during the Roe’s home, but didn’t mention that the couple had youthful children.

171 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It truly is very well founded now that the provision for proforma promotion is not really alien or unfamiliar to the civil servant service structure but it's already embedded in Fundamental Rule seventeen, wherein it truly is lucidly enumerated that the appointing authority may possibly if glad that a civil servant who was entitled to get promoted from a particular date was, for no fault of his personal, wrongfully prevented from rendering service into the Federation/ province from the higher post, direct that this sort of civil servant shall be paid the arrears of pay out and allowances of this sort of higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more

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 to your main case, It is usually a well-set up proposition of law 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 achieve 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 while in the Stricto-Sensu, implement to disciplinary proceedings. When the authority accepts that evidence and summary get support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is check here guilty of your charge, however, that is subject matter towards the procedure provided under the relevant rules and never otherwise, to the reason that the Court in its power of judicial review does not act as appellate authority to re-value the evidence and to arrive at its independent findings around the evidence.

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