The ejectment order against provincial government case law pakistan Diaries
The ejectment order against provincial government case law pakistan Diaries
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33 . Const. P. 114/2025 (S.B.) Mst. Zoya and another V/S The Province of Sindh and others Sindh High Court, Karachi Additionally, the main objectives of the police is to apprehend offenders, look into crimes, and prosecute them before the Courts, also to prevent the commission of crime, and above all, make sure law and order to protect citizens' lives and property. The legislation enjoins the police for being scrupulously fair to your offender as well as the Magistracy is to be certain a fair investigation and fair trial for an offender. Unfortunately, these objectives have remained unfulfilled. Deviations of police officers and police excesses in dealing with the regulation and order situation have been the subject of adverse comments from this Court as well as from other Courts, However they have didn't have any corrective effect on it.
Article 199 of your Constitution allows High Court intervention only when "no other satisfactory remedy is provided by legislation." It really is perfectly-settled that an aggrieved person must exhaust offered remedies before invoking High Court jurisdiction, regardless of whether These remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. 235/2025 (S.B.) Atif S/o Latif V/S Province of Sindh and others Sindh High Court, Karachi SHC Citation: SHC-252216 Tag:The regulation enjoins the police to generally be scrupulously fair into the offender as well as the Magistracy is to guarantee 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 and from other courts Nevertheless 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.
The a good amount of this power casts an obligation around the police and it must bear in mind, as held by this Court that if a person is arrested for your crime, his constitutional and fundamental rights must not be violated. However it really is made crystal clear that police is free to just take action against any person who's indulged in criminal activities topic 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-industry duties from the interim period. 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 instant case, the guidelines as established forth would not utilize, as being the criminal Court hasn't convicted the petitioner, instead he has actually been acquitted in the criminal charges based on evidence and it can be well-settled law that once the civil servant is acquitted while in the criminal case, then on this incredibly charge he cannot be awarded in almost any punishment via the department and held him disqualified for the post because acquittal for all upcoming purposes. The aforesaid proposition is set at naught because of the Supreme Court of Pakistan during the case of the District Police Officer Mainwali and 2 others v.
A lot of the volumes (including more recent volumes than the library's holdings) will also be available online through the Caselaw Access Project.
Apart from the rules of procedure for precedent, the weight given to any reported judgment may perhaps depend upon the reputation of both the reporter and also the judges.[7]
Amir Abdul Majid, 2021 SCMR 420. 12. There is not any denial from the fact that in Government service it is predicted that the persons obtaining their character over board, free from any moral stigma, are to generally be inducted. Verification of character and antecedents is usually a condition precedent for appointment to the Government service. The candidates must have good character and provide 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 try and do away with the candidature of the petitioner. Read more
163 . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It is properly-settled that though considering the case of standard promotion of civil servants, the competent authority has got to look at the advantage of many of the qualified candidates and after due deliberations, to grant promotion to these suitable candidates who will be found being most meritorious among them. Since the petitioner was held to be senior to his colleagues who were promoted in BS-19, the petitioner was dismissed via the respondent department just to extend favor into the blue-eyed candidate based on OPS, which is apathy to the part from the respondent department.
12. There is not any denial from the fact that in Government service it is anticipated that the persons possessing their character above board, free get more info from any moral stigma, are to get inducted. Verification of character and antecedents is often a condition precedent for appointment into a Government service. The candidates must have good character and provide two recent character certificates from unrelated individuals. What is discernible from the above is that the only impediment to being appointed into a Government service will be the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a method out or guise to try and do away with the candidature with the petitioner. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Source: Order: Downloads 185 Order Date: fifteen-JAN-25 Approved for 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 with the regulation laid down through the Supreme Court inside the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. Thus, the competent authority on the parent department in the petitioner as well as the Chief Secretary, Sindh, are liable to release the pensionary amount of the petitioner and pay back the pension amount and other ancillary benefits to your petitioner to which He's entitled under the legislation within two months from the date of receipt of this order. The competent authority in the respondent is additionally directed to recalculate the pensionary benefits in the petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more
Statutory laws are People created by legislative bodies, including Congress at both the federal and state levels. While this style of regulation strives to form our society, providing rules and guidelines, it would be difficult for almost any legislative body to anticipate all situations and legal issues.
Given that the Supreme Court may be the final arbitrator of all cases where the decision has actually been reached, therefore the decision in the Supreme Court needs for being taken care of as directed in terms of Article 187(2) in the Constitution. ten. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
Therefore, this petition is found to get not maintainable and is dismissed along with the pending application(s), and the petitioners may possibly find remedies through the civil court process as discussed supra. Read more