The Basic Principles Of engagement case law in pakistan
The Basic Principles Of engagement case law in pakistan
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case regulation Case regulation is legislation that is based on judicial decisions alternatively than regulation based on constitutions , statutes , or regulations . Case law concerns one of a kind disputes resolved by courts using the concrete facts of a case. By contrast, statutes and regulations are written abstractly. Case law, also used interchangeably with common legislation , refers to the collection of precedents and authority set by previous judicial decisions on a particular issue or subject matter.
The police has the power to arrest a person even without obtaining a warrant of arrest from a court. The a good amount of this power casts an obligation on 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. Read more
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) 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 a free and democratic place, and once a person becomes a major he or she can marry whosoever he/she likes; In case the parents from the boy or Lady usually do not approve of this sort of inter-caste or interreligious marriage the most they will do if they are able to 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 this kind of inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or Female that's major undergoes inter-caste or inter-religious marriage with a woman or guy that is a major, the pair is neither harassed by any individual nor subjected to threats or acts of violence and anybody who offers these kinds of threats or harasses or commits acts of violence possibly himself or at his instigation, is taken to undertaking by instituting criminal proceedings because of the police against this sort of persons and further stern action is taken against such person(s) as provided by legislation.
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13. The Supreme Court has held that as soon as the act of misconduct is founded along with the employee is found guilty after because of process of law, it is the prerogative of your employer to decide the quantum of punishment, out of the various penalties provided in regulation. The casual or unpremeditated observation that the penalty imposed is not really proportionate with the seriousness from the act of misconduct is not sufficient however the order must show that the competent authority has applied its mind and exercised the discretion in a structured and lawful fashion. Read more
Generally speaking, higher courts never have direct oversight over the lessen courts of record, in that they cannot arrive at out on their initiative (sua sponte) at any time to overrule judgments of your decreased courts.
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However it is actually made crystal clear that police is free to just take action against any person who's indulged in criminal activities subject to regulation. However no harassment shall be caused on the petitioner, if she acts within the bonds of law. Police shall also ensure regard with the family shed in accordance with regulation and when they have reasonable ground to prevent the congnizable offence they are able to act, so far as raiding the house is concerned the police shall secure concrete evidence and acquire necessary permission from the concerned high police official/Magistrate being a issue of security in the house is concerned, which just isn't public place under the Act 1977. nine. Considering the aforementioned details, the objective of filing this petition has long been obtained. Therefore, this petition is hereby disposed of while in the terms stated above. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads 40 Order Date: 08-APR-twenty five Approved for Reporting WhatsApp
Case law, also used interchangeably with common law, is a legislation that is based on precedents, that could be the judicial decisions from previous cases, alternatively than regulation based on constitutions, statutes, or regulations. Case regulation uses the detailed facts of the legal case that have been resolved by courts or similar tribunals.
This Court may well interfere where the authority held the proceedings against the delinquent officer in a fashion inconsistent with the rules of natural justice or in violation of statutory rules prescribing the manner of inquiry or where the summary or finding achieved via the disciplinary authority is based on no evidence. Should the conclusion or finding is like no reasonable person would have ever reached, the Court might interfere with the conclusion or maybe the finding and mold the relief to make it appropriate to the facts of each and every case. In service jurisprudence, the disciplinary authority is the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-respect the evidence or maybe the nature of punishment. On the aforesaid proposition, we're fortified with the decision of your Supreme Court within the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 337 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
162 . Const. P. 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others Sindh High Court, Karachi It can be very well-settled that the civil servants must first go after internal appeals within 90 times. Should the appeal will not be decided within that timeframe, he/she will be able to then tactic the service tribunal to challenge the initial order. Once they do so, the Tribunal must decide the appeal on merits and cannot merely direct the department to decide it, as being the 90 days for the department to act has already expired. Over the aforesaid proposition, we have been guided with the decision of your Supreme Court within the case of Dr.
ten. Based within the findings in the inquiry committee, this petition isn't regarded maintainable and is also therefore liable to generally be dismissed, which is dismissed accordingly with pending application(s) if any. Read more
As being the Supreme Court is definitely the final arbitrator of all cases where the decision continues to be arrived at, therefore the decision of the Supreme Court needs to be taken care of as directed in terms of Article 187(two) of your Constitution. ten. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
Therefore, this petition is found being not maintainable website and is particularly dismissed along with the pending application(s), and also the petitioners could find remedies through the civil court process as discussed supra. Read more