33 . Const. P. 114/2025 (S.B.) Mst. Zoya and another V/S The Province of Sindh and others Sindh High Court, Karachi Additionally, the main objectives in the police is always to apprehend offenders, examine crimes, and prosecute them before the Courts, also to prevent the commission of crime, and above all, make certain regulation and order to protect citizens' lives and property. The regulation enjoins the police to generally be scrupulously fair towards the offender along with 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 and also from other Courts, However they have didn't have any corrective effect on it.
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14. While in the light in the position explained over, it can be concluded that a civil servant provides a fundamental right to be promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but could not be regarded for no fault of his very own and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency during the length of service or while in the form of inquiry and departmental action was so taken against his right of promotion. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads 433 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
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Consequently, the petition and any related applications are dismissed. The Petitioner should go after his remedy through an appeal before the competent authority. If this sort of an appeal hasn't but been decided, it should be addressed. Following that decision, the Petitioner may perhaps then seek further recourse before the Service Tribunal. Read more
As the Supreme Court will be the final arbitrator of all cases where the decision has been attained, therefore the decision on the Supreme Court needs to become taken care of as directed in terms of Article 187(2) in the Constitution. 10. We must dismiss these petitions because the Supreme Court has already ruled on this. 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 more info acquitted in the criminal case following a conviction, in NAB Reference No. twenty/2011, this does not automatically bring about exoneration from departmental charges based over the same factual grounds. Although 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 possibility to cross-examine witnesses and present his/her defense but did not influence the department of his/her innocence.
Many judgments have affirmed that the mere registration of the crime does not constitute a "public interest" justification for restricting a person's liberty. Therefore, the Respondent's actions in placing the Petitioner's name to the ECL based to the criminal case are inconsistent with recognized legal principles. Consequently, this petition must be allowed Read more
The justices must be balanced between the political parties, these that neither party has an advantage of more than a person seat. To qualify to serve within the Supreme Court, a candidate must have been admitted to practice legislation in New Jersey for a minimum of ten years. This is the same need as for Superior Court judges.
Article 199 from the Constitution allows High Court intervention only when "no other ample remedy is provided by legislation." It can be effectively-settled that an aggrieved person must exhaust accessible remedies before invoking High Court jurisdiction, regardless of whether All those remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
Federalism also plays a major role in determining the authority of case law in a particular court. Indeed, Every circuit has its own set of binding case legislation. Therefore, a judgment rendered while in the Ninth Circuit will not be binding within the Second Circuit but will have persuasive authority.
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In determining whether employees of DCFS are entitled to absolute immunity, which is generally held by certain government officials acting within the scope of their employment, the appellate court referred to case regulation previously rendered on similar cases.
States also commonly have courts that take care of only a specific subset of legal matters, including family regulation and probate. Case regulation, also known as precedent or common regulation, would be the body of prior judicial decisions that guide judges deciding issues before them. Depending about the relationship between the deciding court plus the precedent, case regulation may very well be binding or merely persuasive. For example, a decision because of the U.S. Court of Appeals with the Fifth Circuit is binding on all federal district courts within the Fifth Circuit, but a court sitting in California (whether a federal or state court) isn't strictly bound to Adhere to the Fifth Circuit’s prior decision. Similarly, a decision by one district court in Big apple isn't binding on another district court, but the initial court’s reasoning could help guide the second court in reaching its decision. Decisions by the U.S. Supreme Court are binding on all federal and state courts. Read more