case law explanation Things To Know Before You Buy

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Article 199 on the Constitution allows High Court intervention only when "no other suitable remedy is provided by legislation." It is actually properly-settled that an aggrieved person must exhaust out there 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(Writer) 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 legislation enjoins the police being scrupulously fair to your offender and 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 along with from other courts However 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.

Also, it may review an appeal of the decision for which it has granted certification. In addition to its legal authority, the Court holds limited political authority. It will review and finalize a decision by The brand new Jersey Redistricting Commission on redistricting congressional districts Should the Commission cannot reach a decision.

This is because transfer orders are typically thought of within the administrative discretion of your employer. However, there may be exceptions in cases where the transfer is motivated by malice, personal vendetta, or discrimination against the employee, they may have grounds to challenge before the appropriate forum. Read more

For that foregoing reasons the moment suit is dismissed with no order concerning cost. Office to prepare decree in the above mentioned terms. Read more

The Roes accompanied the boy to his therapy sessions. When they were told on the boy’s past, they asked if their children were Protected with him in their home. The therapist assured them that they had almost nothing to fret about.

In federal or multi-jurisdictional regulation systems there may possibly exist conflicts between the various decreased appellate courts. Sometimes these differences will not be resolved, and it may be necessary to distinguish how the legislation is applied in a single district, province, division or appellate department.

163 . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It is actually effectively-settled that while thinking of the case of regular promotion of civil servants, the competent authority has got to look at the merit of many of the qualified candidates and after thanks deliberations, to grant promotion to these suitable candidates that are found for being most meritorious amongst them. Considering that the petitioner was held to generally be senior to his colleagues who were promoted in BS-19, the petitioner was disregarded from the respondent department just to increase favor on the blue-eyed candidate based on OPS, which is apathy on the part of the respondent department.

500,000/- (Rupees Five hundred thousand only) Every plus the same shall be saved within the police station to your effect that no harm shall be caused to the petitioners. 5. In view of the above mentioned, this Constitutional Petition is disposed of Read more

Matter:-DIRECTION Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) 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 SHC Citation: SHC-252210 Tag:The law enjoins the police to generally here be scrupulously fair on the offender as well as 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 regulation and order situation have been the topic of adverse comments from this Court and also 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 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.

ten. Based to the findings from the inquiry committee, this petition isn't considered maintainable and is particularly therefore liable to get dismissed, which is dismissed accordingly with pending application(s) if any. Read more

If that judgment goes to appeal, the appellate court will have the chance to review both the precedent as well as case under appeal, Possibly overruling the previous case regulation by setting a whole new precedent of higher authority. This might happen several times as being the case works its way through successive appeals. Lord Denning, first in the High Court of Justice, later of your Court of Appeal, provided a famous example of this evolutionary process in his improvement of your concept of estoppel starting inside the High Trees case.

Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) 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 for the main case, Additionally it is a perfectly-established proposition of law 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 conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence within the Stricto-Sensu, use to disciplinary proceedings. When the authority accepts that evidence and summary receive support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty from the charge, however, that is issue to the procedure provided under the relevant rules rather than otherwise, with the reason that the Court in its power of judicial review does not work as appellate authority to re-value the evidence and to arrive at its independent findings within the evidence.

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