DETAILS, FICTION AND FISHING EXPEDITION CASE LAW

Details, Fiction and fishing expedition case law

Details, Fiction and fishing expedition case law

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9 . Const. P. 255/2025 (S.B.) Zubaida W/O Muhammad Irfan V/S Inspector General of Police (IGP) Sindh and others Sindh High Court, Karachi The regulation enjoins the police to be scrupulously fair towards the offender along with the 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 legislation and order situation have been the subject of adverse comments from this Court as well as 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 lots of this power casts an obligation within the police and it must bear in mind, as held by this Court that if a person is arrested for just a crime, his constitutional and fundamental rights must not be violated.

For legal professionals, there are specific rules regarding case citation, which range depending on the court and jurisdiction hearing the case. Proper case law citation within a state court will not be appropriate, and even accepted, with the U.

However, decisions rendered through the Supreme Court of the United States are binding on all federal courts, and on state courts regarding issues in the Constitution and federal law.

The a lot 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 just a crime, his constitutional and fundamental rights must not be violated. However it really is made distinct that police is free to consider action against any person who's indulged in criminal activities subject to law. 8. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two months, address the alleged police misconduct. Should the officials are found culpable, departmental proceedings for their punishment must be initiated, they usually shall be assigned non-subject duties inside the interim period. Read more

13 . Const. P. 209/2025 (S.B.) Saifullah Jamali (Disable) V/S Province of Sindh and others Sindh High Court, Karachi After arguing the matter at some length, both parties have agreed into the disposal of the instant petition over the premise that the DIGP Malir will hear the petitioner and private respondents and will acquire care of every one of the elements of the case and ensure that no harassment shall be caused to both the parties.

Given that the Supreme Court could be the final arbitrator of all cases where the decision has become reached, therefore the decision from the Supreme Court needs to become taken care of as directed in terms of Article 187(2) of your Constitution. 10. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more

All executive and judicial authorities throughout Pakistan are obligated to act in help with the Supreme Court, guaranteeing the enforcement of its judgments. As the Supreme Court may be the final arbitrator of all cases where the decision has been arrived at, the decision from the Supreme Court needs to be taken care of as directed in terms of Article 187(two) in the Constitution. Read more

168 . H.C.A 203/2016 (D.B.) Saleh Muhammad V/S Faqir Muhammad & others Sindh High Court, Karachi Matter: Appeal At times it really is convenient for just a Judge to dismiss the suit for non-prosecution, however, a Judge is under the obligation to generate an attempt to dispose of a case on advantage and more importantly when after recording of evidence it has achieved into a stage of final arguments, endeavors should be made for benefit disposal when it has achieved this kind of stage. Read more

Only the written opinions with the Supreme Court plus the Court of Appeals are routinely obtainable. Decisions with the lessen (trial) courts are usually not generally published or distributed.

This Court could interfere where the authority held the proceedings against the delinquent officer in the method inconsistent with the rules of natural justice or in violation of statutory rules prescribing the manner of inquiry or where the conclusion or finding achieved from the disciplinary authority is based on no evidence. If your summary or finding is which include no reasonable person would have ever attained, the Court may well interfere with the conclusion or the finding and mold the relief to really make it appropriate towards the facts of each case. In service jurisprudence, the disciplinary authority may be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-respect the evidence or maybe the nature of punishment. Within the aforesaid proposition, we've been fortified because of the decision from the Supreme Court within 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-25 Approved for Reporting WhatsApp

182 . Const. P. 6025/2024 (D.B.) Dr. Pritam Das V/S Province of Sindh & Others Sindh High Court, Karachi So far as the stance in the respondents that pensionary benefits might be withheld on account in the allegations leveled against the petitioner, within our view, section twenty with the Sindh Civil Servants Act of 1973 deals with the pension and gratuity that civil servants are entitled to. However, the act does provide for certain circumstances under which a civil servant's pension may be withheld or reduced. These incorporate if a civil servant is found guilty of misconduct or negligence during their service, their pension may very well be withheld or reduced. If a civil servant is convicted of a significant crime, their pension may very well be withheld or reduced. In a few cases, a civil servant's pension could be withheld or reduced if he/she fails to comply with certain conditions set with the government.

Summaries of cases that condition the lives here of young individuals, making sure a further understanding of justice within the juvenile system. Knowledge that matters, crafted for legal professionals and lovers alike.

156 . Const. P. 1015/2021 (D.B.) Muhammad Saleem Jehangir V/S Province of Sindh and Others Sindh High Court, Karachi It is additionally important to note that neither seniority nor promotion could be the vested right of the civil servant, therefore, neither any seniority nor any promotion may be claimed or granted without the actual size of service on account of vested rights. The purpose of prescribing a particular length of service for getting entitled to be thought of for promotion to your higher quality, of course, will not be without logic as being the officer that is initially inducted into a particular post needs to provide to the mentioned post to gain experience to hold the next higher post and also to provide the public inside a befitting method.

Free database for searching federal court dockets and documents pulled from PACER. Coverage is not really complete, but this is an excellent starting point. See Background section at bottom of RECAP website for more information.

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