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The a lot of this power casts an obligation over 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. However it is made apparent that police is free to get action against any person who is indulged in criminal activities issue to legislation. 8. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two months, address the alleged police misconduct. If your officials are found culpable, departmental proceedings for their punishment must be initiated, plus they shall be assigned non-discipline duties in the interim period. Read more
Therefore, this petition is found to generally be not maintainable and is also dismissed along with the pending application(s), and the petitioners could seek remedies through the civil court process as discussed supra. Read more
For your foregoing reasons the moment suit is dismissed with no order as to cost. Office to prepare decree 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 within a criminal case following a conviction, in NAB Reference No. 20/2011, this does not automatically lead to exoneration from departmental charges based over the same factual grounds. While a writ under Article 199 is available in specific limited situations, it's generally not the right remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a full possibility to cross-analyze witnesses and present his/her defense but did not influence the department of his/her innocence.
However it truly is made very clear that police is free to choose action against any person who is indulged in criminal activities issue to law. However no harassment shall be caused towards the petitioner, if she acts within the bonds of law. Police shall also guarantee regard of your family drop in accordance with legislation and whenever they have reasonable ground to prevent the congnizable offence they can act, so far as raiding the house is concerned the police shall safe concrete evidence and obtain necessary permission from the concerned high police official/Magistrate being a issue of security with the house is concerned, which is just not public place under the Act 1977. 9. Thinking of the aforementioned details, the objective of filing this petition has actually been obtained. Therefore, this petition is hereby disposed of during the terms stated higher than. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Source: Order: Downloads 40 Order Date: 08-APR-25 Approved for Reporting WhatsApp
Some bodies are specified statutory powers to issue steerage with persuasive authority or similar statutory effect, like the Highway Code.
This Court may well interfere where the authority held the proceedings against the delinquent officer within 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 arrived at via the disciplinary authority is based on no evidence. If the conclusion or finding is like no reasonable person would have ever reached, the Court may interfere with the summary or maybe the finding and mold the relief to make it appropriate to the facts of each case. In here service jurisprudence, the disciplinary authority is the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-appreciate the evidence or maybe the nature of punishment. Within the aforesaid proposition, we've been fortified because of the decision on the Supreme Court in 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
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Summaries of cases that form the lives of youthful individuals, guaranteeing a further understanding of justice within the juvenile system. Knowledge that matters, crafted for legal professionals and enthusiasts alike.
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refers to law that comes from decisions made by judges in previous cases. Case law, also known as “common law,” and “case precedent,” provides a common contextual background for certain legal concepts, and how They're applied in certain types of case.