However, the above observation is without prejudice to your legal rights with the parties, arising out with the over marriage in the pair, if any, pending before the competent court of legislation. Read more
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 about the police and it must bear in mind, as held by this Court that if a person is arrested for just a crime, his constitutional and fundamental rights must not be violated. Read more
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 can be a free and democratic region, and once a person becomes a major they can marry whosoever he/she likes; If your parents of your boy or girl tend not to approve of these inter-caste or interreligious marriage the most they're able to do if they could Lower off social relations with the son or maybe the daughter, Nevertheless they cannot give threats or commit or instigate for acts of violence and cannot harass the person who undergoes these inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or Woman that is major undergoes inter-caste or inter-religious marriage with a woman or gentleman who is a major, the pair is neither harassed by any person nor subjected to threats or acts of violence and anybody who offers such threats or harasses or commits acts of violence both himself or at his instigation, is taken to task by instituting criminal proceedings by the police against these kinds of persons and further stern action is taken against such person(s) as provided by legislation.
The an abundance 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 the crime, his constitutional and fundamental rights must not be violated. However it truly is made very clear that police is free to just take action against any person that is indulged in criminal activities matter to legislation. 8. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two weeks, address the alleged police misconduct. If the officials are found culpable, departmental proceedings for their punishment must be initiated, plus they shall be assigned non-area duties from the interim period. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Source: Order: Downloads 113 Order Date: 08-APR-twenty five Approved for Reporting WhatsApp
184 . Const. P. 469/2022 (D.B.) Zain Ahmed V/S The I.G of Police and Others Sindh High Court, Karachi In the instant case, the guidelines as set forth would not apply, as the criminal Court has not convicted the petitioner, rather he continues to be acquitted of your criminal charges based on evidence and it is actually well-settled law that once the civil servant is acquitted in the criminal case, then on this quite charge he cannot be awarded in any punishment through the department and held him disqualified for that post because acquittal for all foreseeable future purposes. The aforesaid proposition continues to be established at naught by the Supreme Court of Pakistan inside the case with the District Police Officer Mainwali and 2 others v.
Generally speaking, more info higher courts do not have direct oversight over the reduce courts of record, in that they cannot get to out on their initiative (sua sponte) at any time to overrule judgments on the reduce courts.
All executive and judicial authorities throughout Pakistan are obligated to act in support of your Supreme Court, guaranteeing the enforcement of its judgments. As being the Supreme Court would be the final arbitrator of all cases where the decision has become achieved, the decision on the Supreme Court needs to get taken care of as directed in terms of Article 187(2) from the Constitution. Read more
Quite a few judgments have affirmed that the mere registration of the crime does not represent a "public interest" justification for restricting a person's liberty. Therefore, the Respondent's actions in placing the Petitioner's name within the ECL based on the criminal case are inconsistent with recognized legal principles. Therefore, this petition must be allowed 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 for the main case, Additionally it is a effectively-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 reach a finding of fact or conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence during the Stricto-Sensu, implement to disciplinary proceedings. When the authority accepts that evidence and conclusion obtain support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty from the charge, however, that is subject matter on the procedure provided under the relevant rules and never 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 reach at its independent findings on the evidence.
Summaries present an essential glimpse into the intricate landscape of Environment and Climate Laws in Pakistan. Delving into this realm unveils a mosaic of regulations and guidelines directed at safeguarding natural resources, mitigating environmental degradation, and combating climate change.
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 the respondents that pensionary benefits could be withheld on account of the allegations leveled against the petitioner, in our view, section 20 with the Sindh Civil Servants Act of 1973 deals with the pension and gratuity that civil servants are entitled to. However, the act does offer for certain circumstances under which a civil servant's pension can 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 serious crime, their pension could be withheld or reduced. In some cases, a civil servant's pension could possibly be withheld or reduced if he/she fails to comply with certain conditions established from the government.
These lists are sorted chronologically by Chief Justice and contain all notable cases decided from the court. Articles exist for almost all cases.
In determining whether employees of DCFS are entitled to absolute immunity, which is generally held by certain government officials performing within the scope of their employment, the appellate court referred to case law previously rendered on similar cases.
The discovered Tribunal shall decide the case on merits, without being influenced via the findings while in the Impugned order, after recording of evidence on the respective parties. Read more