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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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 legislation enjoins the police for being scrupulously fair to the offender and also the Magistracy is to make certain 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 However they have didn't 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 an abundance 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.
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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 to generally be scrupulously fair for the offender as well as 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 topic of adverse comments from this Court along with from other courts but 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 ruling on the first court created case regulation that must be followed by other courts until finally or Unless of course either new legislation is created, or even a higher court rules differently.
The Supreme Court's explanation from Fida Muhammad v. Government of Khyber Pakhtunkhwa and others (2021 SCMR 1895), Plainly distinguished between up-gradation and promotion. Promotion requires a transfer to some higher position with increased responsibilities and rank. Upgradation, over the other hand, delivers financial relief by positioning an employee inside a higher pay out scale, without altering their work duties or position. It is a mechanism designed to address the stagnation of employees who have remained while in the same spend scale for a protracted time, particularly when they lack alternatives for promotion. Upgradation is a policy Instrument used to reduce the hardship of long-term stagnation. Read more
145 . Const. P. 3670/2023 (D.B.) Rehan Pervez V/S Fed. of Pakistan and Others Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the instant Petition under Article 199 of the Constitution based on the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued to the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement in the FIR lodged by FIA and inside the intervening period the respondent dismissed him from service where after he preferred petition No.
Summaries offer a concise insight into the realm of dispute resolution exterior traditional court proceedings. In Pakistan, arbitration serves as a significant alternative for resolving commercial conflicts swiftly and efficiently.
However it is actually made distinct that police is free to just take action against any person that's indulged in criminal activities topic to legislation. However no harassment shall be caused to your petitioner, if she acts within the bonds of law. Police shall also assure regard of the family drop in accordance with legislation and whenever they have reasonable ground to prevent the congnizable offence they can act, so far as raiding the house is concerned the police shall safe 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 just not public place under the Act 1977. nine. Considering the aforementioned details, the objective of filing this petition is reached. Consequently, this petition is hereby disposed of while in the terms stated over. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads forty Order Date: 08-APR-25 Approved for Reporting WhatsApp
Summaries offer concise insights into the legal principles governing agreements between parties, including the formation, interpretation, and enforceability of contracts, offering a important resource for understanding contractual rights and obligations.
Article 27 on the Constitution does not only safeguard against discrimination in the time of appointment of service but after the appointment at the same time. The disparity inside the shell out scale allowances of Stenographers during the District Judiciary is during the distinct negation with the legislation laid down with the Supreme Court in its various pronouncements. Read more
162 . Const. P. 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others Sindh High Court, Karachi It truly is properly-settled that the civil servants must first go after internal appeals within 90 times. If the appeal is not decided within that timeframe, he/she can then solution the service tribunal to challenge the initial order. Once they do so, the Tribunal must decide the appeal on merits and cannot merely direct the department to decide it, as being the 90 days for the department to act has already expired. Around the aforesaid proposition, we've been guided via the decision of your Supreme Court inside the case of Dr.
Statutory laws are All those created by legislative bodies, which include Congress at both the federal and state levels. Though this type of law strives to shape our society, delivering rules and guidelines, it would be difficult for click here any legislative body to anticipate all situations and legal issues.
Since the Supreme Court may be the final arbitrator of all cases where the decision has been reached, therefore the decision from the Supreme Court needs to be taken care of as directed in terms of Article 187(two) in the Constitution. ten. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
The learned Tribunal shall decide the case on merits, without being influenced through the findings during the Impugned order, after recording of evidence with the respective parties. Read more