case law air 1964 ker 277 - An Overview
case law air 1964 ker 277 - An Overview
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[three] For example, in England, the High Court as well as the Court of Appeals are Just about every bound by their personal previous decisions, however, since the Practice Statement 1966 the Supreme Court from the United Kingdom can deviate from its earlier decisions, although in practice it hardly ever does. A notable example of when the court has overturned its precedent will be the case of R v Jogee, where the Supreme Court on the United Kingdom ruled that it along with the other courts of England and Wales had misapplied the law for approximately 30 years.
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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 for being scrupulously fair to your offender and also the Magistracy is to ensure 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 topic of adverse comments from this Court in addition to from other courts but 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.
Sign up for E-mail Notification of new opinions The cases listed below have had opinions filed for them within the last fourteen times. The following information is obtainable for Each individual case: Information Sheet - Click a case number to view case details, including signing JusticesJudges and participating attorneys.
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 the criminal Court has not convicted the petitioner, instead he has long been acquitted in the criminal charges based on evidence and it can be perfectly-settled regulation that once the civil servant is acquitted while in the criminal case, then on this very charge he cannot be awarded in any punishment via the department and held him disqualified for the post because acquittal for all potential purposes. The aforesaid proposition has become established at naught because of the Supreme Court of Pakistan from the case of your District Police Officer Mainwali and 2 others v.
Though there is no prohibition against referring to case legislation from a state other than the state in which the case is being read, it holds little sway. Still, if there isn't any precedent from the home state, relevant case regulation from another state might be deemed because of the court.
27 . Const. P. 4002/2011 (D.B.) Ibrahim Noor V/S Pakistan International Airlines Corporation & Ors. Sindh High Court, Karachi Even, if a petitioner was acquitted in a very criminal case following a conviction, in NAB Reference No. 20/2011, this does not automatically bring about exoneration from departmental charges based to the same factual grounds. Though a writ under Article 199 is accessible in specific limited situations, it can be 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-examine witnesses and present his/her defense but did not persuade the department of his/her innocence.
S. Supreme Court. Generally speaking, proper case citation contains the names in the parties to the initial case, the court in which the case was read, the date it absolutely was decided, along with the book in which it really is recorded. Different citation requirements may perhaps contain italicized or underlined text, and certain specific abbreviations.
161 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming to your main case, It is additionally a very well-proven proposition of legislation 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 conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence during the Stricto-Sensu, implement to disciplinary proceedings. When the authority accepts that evidence and conclusion obtain support therefrom, the website disciplinary authority is entitled to hold that the delinquent officer is guilty of the charge, however, that is topic into the procedure provided under the relevant rules and not otherwise, for your reason that the Court in its power of judicial review does not act as appellate authority to re-recognize the evidence and to arrive at its independent findings on the evidence.
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12 . Const. P. 245/2025 (S.B.) Qurban Ali S/o Qasim V/S Province of Sindh and others Sindh High Court, Karachi The legislation enjoins the police to get scrupulously fair for the offender plus the Magistracy is to ensure 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 subject of adverse comments from this Court and also from other courts but they have didn't have any corrective effect on it.
ten. Based around the findings with the inquiry committee, this petition will not be regarded maintainable and is particularly therefore liable being dismissed, which is dismissed accordingly with pending application(s) if any. Read more
8. For that reasons stated earlier mentioned, this court finds the petition being 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 thus acceded to. All pending applications, if any, are dismissed. Read more
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) 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 the main case, it is also a effectively-founded proposition of regulation 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 reach a finding of fact or summary. But that 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 conclusion obtain support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty of your charge, however, that is subject matter on the procedure provided under the relevant rules instead of otherwise, for the reason that the Court in its power of judicial review does not work as appellate authority to re-appreciate the evidence and to arrive at its independent findings to the evidence.