5 Simple Statements About case laws on 493 crpc pakistan Explained

5 Simple Statements About case laws on 493 crpc pakistan Explained

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However, the above mentioned observation is without prejudice into the legal rights from the parties, arising out with the over marriage from the few, if any, pending before the competent court of legislation. Read more

A guide to online and print sources of Washington State court opinions, rules, forms, and jury instructions

As being the Supreme Court is definitely the final arbitrator of all cases where the decision has long been reached, therefore the decision of the Supreme Court needs to get taken care of as directed in terms of Article 187(two) with the Constitution. 10. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more

This ruling has conditions, and Considering that the petitioners failed a qualifying Examination, they cannot claim equity or this Court's jurisdiction based on the Niazi case analogy. nine. In view of the above facts and circumstances on the case, petitioners have not demonstrated a case for this court's intervention under Article 199 on the Constitution. Read more

184 . Const. P. 469/2022 (D.B.) Zain Ahmed V/S The I.G of Police and Others Sindh High Court, Karachi In the moment case, the guidelines as set forth would not use, because the criminal Court has not convicted the petitioner, instead he has become acquitted with the criminal charges based on evidence and it is nicely-settled law that once the civil servant is acquitted inside the criminal case, then on this really charge he cannot be awarded in almost any punishment via the department and held him disqualified with the post because acquittal for all potential purposes. The aforesaid proposition is set at naught from the Supreme Court of Pakistan inside the case in the District Police Officer Mainwali and 2 others v.

These past decisions are called "case regulation", or precedent. Stare decisis—a Latin phrase meaning "Enable the decision stand"—will be the principle by which judges are bound to this sort of past decisions, drawing on recognized judicial authority to formulate their positions.

In 1996, the Nevada Division of Child and Family Services (“DCFS”) removed a 12-year previous boy from his home to protect him from the Terrible physical and sexual abuse he had endured in his home, and also to prevent him from abusing other children in the home. The boy was placed within an crisis foster home, and was later shifted all-around within the foster care system.

Many judgments have affirmed that the mere registration of the crime does not constitute a "public interest" justification for restricting a person's liberty. Therefore, the Respondent's actions in putting the Petitioner's name to the ECL based on the criminal case are inconsistent with established legal principles. As a result, this petition must be allowed Read more

163 . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It's nicely-settled that while considering the case of normal promotion of civil servants, the competent authority must look at the benefit of all of the suitable candidates and after owing deliberations, to grant promotion to these kinds of eligible candidates who are found being most meritorious among them. Because the petitioner was held to become senior to his colleagues who were promoted in BS-19, the petitioner was ignored via the respondent department just to extend favor to the blue-eyed candidate based on OPS, which is apathy about the part on the respondent department.

This Court may perhaps interfere where the authority held the proceedings against the delinquent officer inside of a way inconsistent with the rules of natural justice or in violation of statutory rules prescribing the method of inquiry or where the summary or finding achieved by the disciplinary authority is based on no evidence. When the conclusion or finding is including no reasonable person would have ever attained, the Court may possibly interfere with the conclusion or even the finding and mould the relief to really make it proper for the facts of each case. In service jurisprudence, the disciplinary authority will be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-value the evidence or the nature of punishment. About the aforesaid proposition, we've been fortified because of the decision on the Supreme Court from 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(Creator) Source: Order: Downloads 337 Order Date: 24-JAN-twenty five Approved for read more Reporting WhatsApp

In other circumstances as discussed supra pensionary benefits cannot be stopped on account of criminal charges after the retirement of two years; and, is violative of your legislation laid down because of the Supreme Court during the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. Thus, the competent authority of the parent department on the petitioner and also the Chief Secretary, Sindh, are liable to release the pensionary amount on the petitioner and pay the pension amount and other ancillary benefits to the petitioner to which He's entitled under the legislation within two months from the date of receipt of this order. The competent authority from the respondent can also be directed to recalculate the pensionary benefits from the petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more

Any court may well find to distinguish the present case from that of a binding precedent, to achieve a different summary. The validity of this kind of distinction might or might not be accepted on appeal of that judgment to the higher court.

eight. For your reasons stated earlier mentioned, this court finds the petition to get without legal or factual foundation and therefore dismisses it. This court concurs with the respondents' position as contend during the comments, and their request is Consequently acceded to. All pending applications, if any, may also be dismissed. Read more

Therefore, this petition is found to be not maintainable and it is dismissed along with the pending application(s), along with the petitioners may well request remedies through the civil court process as discussed supra. Read more