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10 . Const. P. 235/2025 (S.B.) Atif S/o Latif V/S Province of Sindh and others Sindh High Court, Karachi The legislation enjoins the police being scrupulously fair into the offender and the Magistracy is to make sure 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 topic of adverse comments from this Court along with from other courts but 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.
Acquittal nullifies prior guilt and fortifies petitioners' eligibility for appointment. No juridical impediment to appointment following acquittal. Equivalence of acquittals under compromise and criminal procedure code, and also the role of "badal-i-sulh" in restorative justice. Distinction between probationary release and acquittal. Probationary release for a legally recognized conviction. Read more
The Supreme Court's explanation from Fida Muhammad v. Government of Khyber Pakhtunkhwa and others (2021 SCMR 1895), clearly distinguished between up-gradation and promotion. Promotion includes a go into a higher position with increased responsibilities and rank. Upgradation, on the other hand, offers financial relief by inserting an employee inside of a higher spend scale, without transforming their task duties or position. It is a mechanism designed to address the stagnation of employees who have remained during the same spend scale for a protracted time, particularly when they deficiency possibilities for promotion. Upgradation is often a policy Software used to ease the hardship of very long-term stagnation. Read more
Since the Supreme Court is definitely the final arbitrator of all cases where the decision has actually been reached, therefore the decision with the Supreme Court needs to generally be 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 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 over the same factual grounds. Whilst a writ under Article 199 is accessible in specific limited situations, it really is generally not the appropriate 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 convince the department of his/her innocence.
Amir Abdul Majid, 2021 SCMR 420. 12. There isn't any 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 a condition precedent for appointment to the Government service. The candidates must have good character and supply two recent character certificates from unrelated individuals. What is discernible from the above is that the only impediment to being appointed to a Government service is definitely the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a means out or guise to perform away with the candidature from the petitioner. Read more
10. Without touching the merits of your case in the issue of annual increases inside the pensionary emoluments in the petitioner, in terms of policy decision of your provincial government, this sort of annual increase, if permissible from the case of employees of KMC, demands further assessment being made through the court of plenary jurisdiction. KMC's reluctance resulting from funding issues and deficiency of adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, necessitating the petitioner to pursue other legal avenues. Read more
The regulation of necessity acknowledged and upheld by Pakistan's highest judicial body has proved an honorable protection for military adventure in civil government.it absolutely was the illegal action called legislation of necessity..
Federalism also performs a major role in determining the authority of case law in a particular court. Indeed, Each individual circuit has its have list of binding case law. As a result, a judgment rendered in the Ninth Circuit will not be binding during the Second Circuit more info but will have persuasive authority.
If granted absolute immunity, the parties would not only be protected from liability while in the matter, but could not be answerable in almost any way for their actions. When the court delayed making such a ruling, the defendants took their request on the appellate court.
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Rulings by courts of “lateral jurisdiction” are not binding, but could be used as persuasive authority, which is to provide substance on the party’s argument, or to guide the present court.