Examine This Report on breach of condition case law pdf
Examine This Report on breach of condition case law pdf
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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 for being scrupulously fair to the 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 law and order situation have been the topic of adverse comments from this Court and 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 a lot of this power casts an obligation on the police and it must bear in mind, as held by this Court that if a person is arrested for the crime, his constitutional and fundamental rights must not be violated.
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When the DIGP finds evidence of a cognizable offense by both party, he shall direct the relevant SHO to record statements and progress according to your law. This petition stands disposed of in the above mentioned terms. Read more
This ruling has conditions, and Because the petitioners failed a qualifying Test, they cannot claim equity or this Court's jurisdiction based to the Niazi case analogy. 9. In view of the above facts and circumstances of the case, petitioners have not demonstrated a case for this court's intervention under Article 199 with the Constitution. Read more
thirteen. The Supreme Court has held that when the act of misconduct is recognized plus the employee is found guilty after owing process of regulation, it's the prerogative in the employer to decide the quantum of punishment, from the various penalties provided in law. The casual or unpremeditated observation that the penalty imposed isn't proportionate with the seriousness from the act of misconduct is not adequate even so the order must show that the competent authority has applied its mind and exercised the discretion inside of a structured and lawful way. Read more
However it can be made very clear that police is free to take action against any person that is indulged in criminal activities subject to regulation. However no harassment shall be caused on the petitioner, if she acts within the bonds of law. Police shall also be certain respect from the family shed in accordance with regulation and when they have reasonable ground to prevent the congnizable offence they are able to act, as far as raiding the house is concerned the police shall protected concrete evidence and procure necessary permission from the concerned high police official/Magistrate as being a issue of security with the house is concerned, which is just not public place under the Act 1977. 9. Considering the aforementioned details, the objective of filing this petition has actually been attained. Consequently, this petition is hereby disposed of in the terms stated earlier mentioned. Read more
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 the criminal case following a conviction, in NAB Reference No. 20/2011, this does not automatically result in exoneration from departmental charges based on the same factual grounds. While a writ under Article 199 is on the market in specific limited situations, it truly is generally not the appropriate remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a full opportunity to cross-examine witnesses and present his/her defense but didn't encourage the department of his/her innocence.
However it is actually made clear that police is free to consider action against any person who is indulged in criminal activities matter to regulation. However no harassment shall be caused to the petitioner, if she acts within the bonds of regulation. Police shall also ensure regard of the family drop in accordance with legislation and whenever they have reasonable ground to prevent the congnizable offence they will website act, as far as raiding the house is concerned the police shall safe concrete evidence and procure necessary permission from the concerned high police official/Magistrate as being a issue of security from the house is concerned, which is not public place under the Act 1977. nine. Considering the aforementioned details, the objective of filing this petition has long been achieved. Consequently, this petition is hereby disposed of during the terms stated earlier mentioned. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Source: Order: Downloads 40 Order Date: 08-APR-25 Approved for Reporting WhatsApp
163 . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It can be effectively-settled that even though taking into consideration the case of regular promotion of civil servants, the competent authority should consider the advantage of each of the eligible candidates and after owing deliberations, to grant promotion to these types of qualified candidates that are found being most meritorious amongst them. For the reason that petitioner was held to become senior to his colleagues who were promoted in BS-19, the petitioner was overlooked from the respondent department just to increase favor to the blue-eyed candidate based on OPS, which is apathy over the part with the respondent department.
Article 199 in the Constitution allows High Court intervention only when "no other sufficient remedy is provided by regulation." It really is very well-settled that an aggrieved person must exhaust readily available 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
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 legislation laid down because of the Supreme Court during the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. Therefore, the competent authority in the parent department of the petitioner as well as Chief Secretary, Sindh, are liable to release the pensionary amount on the petitioner and pay out 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 with the respondent is additionally directed to recalculate the pensionary benefits of your petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more
A year later, Frank and Adel have a similar dilemma. When they sue their landlord, the court must use the previous court’s decision in applying the legislation. This example of case regulation refers to two cases heard from the state court, in the same level.
In determining whether employees of DCFS are entitled to absolute immunity, which is generally held by certain government officials acting within the scope of their employment, the appellate court referred to case legislation previously rendered on similar cases.
The Court directed the Chief Secretary of Sindh to make sure the Act's effective implementation in line with its original purpose and called for educational programs Bachelor degree(s) in the topic of cooperative societies. Read more