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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 regulation enjoins the police to get scrupulously fair to the offender as well as Magistracy is to be 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 regulation and order situation have been the topic of adverse comments from this Court and also from other courts Nonetheless they have did not 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.
The necessary analysis (called ratio decidendi), then constitutes a precedent binding on other courts; further analyses not strictly necessary for the determination in the current case are called obiter dicta, which constitute persuasive authority but usually are not technically binding. By contrast, decisions in civil legislation jurisdictions are generally shorter, referring only to statutes.[4]
This is because transfer orders are typically considered within the administrative discretion in the employer. However, there could possibly be exceptions in cases where the transfer is determined by malice, personal vendetta, or discrimination against the employee, They could have grounds to challenge before the appropriate forum. Read more
However it can be made clear that police is free to acquire action against any person who is indulged in criminal activities subject to law. However no harassment shall be caused to your petitioner, if she acts within the bonds of law. Police shall also assure respect of the family lose in accordance with legislation and if they have reasonable ground to prevent the congnizable offence they might act, so far as raiding the house is concerned the police shall protected concrete evidence and procure necessary permission from the concerned high police official/Magistrate for a issue of security from the house is concerned, which is not public place under the Act 1977. 9. Looking at the aforementioned details, the objective of filing this petition has long been attained. For that reason, this petition is hereby disposed of in the terms stated above. Read more
When the state court hearing the case reviews the regulation, he finds that, while it mentions large multi-tenant properties in a few context, it is actually quite obscure about whether the ninety-day provision applies to all landlords. The judge, based on the specific circumstances of Stacy’s case, decides that all landlords are held into the ninety-day notice necessity, and rules in Stacy’s favor.
However it is actually made very clear that police is free to choose action against any person who is indulged in criminal activities matter to legislation. However no harassment shall be caused on the petitioner, if she acts within the bonds of regulation. Police shall also ensure respect of your family drop in accordance with regulation and if they have reasonable ground to prevent the congnizable offence they're able to act, as far as raiding the house is concerned the police shall protected concrete evidence and obtain necessary permission from the concerned high police official/Magistrate for a issue of security of 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 continues to be accomplished. For that reason, this petition is hereby disposed of from the terms stated above. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads forty Order Date: 08-APR-twenty five Approved for Reporting WhatsApp
Case law, also used interchangeably with common legislation, can be a regulation that is based on precedents, that could be the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. Case legislation uses the detailed facts of the legal case that have been resolved by courts or similar tribunals.
139 . Const. P. 288/2024 (D.B.) Engro Fertilizers Limited through Asad Shakil Khan V/S Full Bench of NIRC & others Sindh High Court, Bench at Sukkur Pertaining to the second issue of non-service of grievance notice. Under Section 33 from the Industrial Relations Ac1,2012 (lRA 2012), ifa grievance notice is just not served, the grievance petition is often dismissed. This is because service from the grievance notice can be a mandatory requirement as well as a precondition for filing a grievance petition. The legislation needs that a grievance notice be served within the employer before filing a grievance petition. This allows the employer to reply to the grievance and attempt to resolve it amicably. When the employer fails to reply or resolve the grievance, the employee can then file a grievance petition with the National Industrial Relations Commission CNIRC) Should the organization is transprovincial.
162 . Const. P. 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others Sindh High Court, Karachi It really is effectively-settled that the civil servants must first pursue internal appeals within 90 days. When the appeal will not be decided within that timeframe, he/she can then solution the service tribunal to challenge the original order. Once they do so, the Tribunal must decide the appeal on merits and cannot merely direct the department to decide it, given that the 90 times to the department to act has already expired. About the aforesaid proposition, we've been guided via the decision from the Supreme Court within the case of Dr.
The different roles of case legislation in civil and common legislation traditions create differences in how that courts render decisions. Common legislation courts generally explain in detail the legal rationale guiding their decisions, with citations of both legislation and previous relevant judgments, and sometimes interpret the wider legal principles.
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.
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi SHC Citation: SHC-225471 Tag:Coming to your main case, it is also a properly-founded 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 achieve a finding of fact or summary. But that here finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence during the Stricto-Sensu, use to disciplinary proceedings. When the authority accepts that evidence and summary obtain support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty from the charge, however, that is topic to your procedure provided under the relevant rules rather than otherwise, for the reason that the Court in its power of judicial review does not act as appellate authority to re-value the evidence and to reach at its independent findings to the evidence.