nine . 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 for being scrupulously fair to the offender as well as Magistracy is to ensure 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 subject of adverse comments from this Court as well as 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. The loads 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.
In Dosso's case (1958), the Pakistan Supreme Court used jurist Hans Kelsen's theory that a revolution might be justified when The essential norm underlying a Constitution disappears in addition to a new system is set in its place.
Stacy, a tenant in a duplex owned by Martin, filed a civil lawsuit against her landlord, claiming he experienced not offered her more than enough notice before raising her rent, citing a new state law that requires a minimum of ninety times’ notice. Martin argues that the new legislation applies only to landlords of large multi-tenant properties.
This ruling has conditions, and For the reason that 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 of the case, petitioners have not demonstrated a case for this court's intervention under Article 199 in the Constitution. Read more
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The proposal seems to be reasonable and acceded to. Inside the meantime police shall remain neutral while in the private dispute between the parties, however, if any in the individuals is indulged in criminal activity the police shall take prompt action against them under law. 5. The moment petition is disposed of in the above 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 of a criminal case following a conviction, in NAB Reference No. twenty/2011, this does not automatically cause exoneration from departmental charges based about the same factual grounds. Even though a writ under Article 199 is out there in specific limited situations, it is actually generally not the suitable remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a full chance to cross-look at witnesses and present his/her defense but didn't influence the department of his/her innocence.
Amir Abdul Majid, 2021 SCMR 420. twelve. There is no denial from the fact that in Government service it is expected that the persons owning their character higher than board, free from any moral stigma, are to generally be inducted. Verification of character and antecedents is really a condition precedent for appointment to some 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 some Government service may be the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a method out or guise to complete away with the candidature of 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 to your main case, it is also a nicely-proven 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 in the Stricto-Sensu, apply 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 with the charge, however, that is subject to the procedure provided under the relevant rules instead of otherwise, with the reason that the Court in its power of judicial review does not work as appellate authority to re-value the evidence and to reach at its independent findings around the evidence.
Summaries offer concise explanations of legal principles and significant cases pertaining to land ownership, real estate transactions, property rights, and related matters, aiding you in understanding the famous criminal law cases intricacies of land and property law.
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 within the police, and they must bear in mind, as held by this Court from time to time in its several pronouncemnts, that if a person is arrested to get a crime, his constitutional and fundamental rights must not be violated. Primarily, the Police Officers are needed to protect and never abduct. Read more
In 1997, the boy was placed into the home of John and Jane Roe to be a foster child. Even though the few experienced two youthful children of their very own at home, the social worker didn't notify them about the boy’s history of both being abused, and abusing other children. When she made her report into the court the following day, the worker reported the boy’s placement from the Roe’s home, but didn’t mention that the few had young children.
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Therefore, this petition is found to generally be not maintainable which is dismissed along with the pending application(s), and the petitioners may well seek remedies through the civil court process as discussed supra. Read more