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10 . Const. P. 235/2025 (S.B.) Atif S/o Latif V/S Province of Sindh and others Sindh High Court, Karachi The regulation enjoins the police to be scrupulously fair to the offender as well as 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.
This ruling has conditions, and For the reason that petitioners unsuccessful a qualifying Test, they cannot claim equity or this Court's jurisdiction based within the Niazi case analogy. 9. In view of the above facts and circumstances in the case, petitioners have not demonstrated a case for this court's intervention under Article 199 from the Constitution. Read more
13. The Supreme Court has held that once the act of misconduct is recognized and also the employee is found guilty after owing process of legislation, it is the prerogative from the employer to decide the quantum of punishment, from the various penalties provided in regulation. The casual or unpremeditated observation that the penalty imposed is just not proportionate with the seriousness from the act of misconduct is just not satisfactory but the order must show that the competent authority has applied its mind and exercised the discretion inside of a structured and lawful method. Read more
While there isn't any prohibition against referring to case regulation from a state other than the state in which the case is being heard, it holds tiny sway. Still, if there is not any precedent inside the home state, relevant case regulation from another state might be regarded 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 within a criminal case following a conviction, in NAB Reference No. twenty/2011, this does not automatically produce exoneration from departmental charges based over the same factual grounds. Although a writ under Article 199 is out there in specific limited situations, it's generally not the right remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a full opportunity to cross-look at witnesses and present his/her defense but did not encourage the department of his/her innocence.
The law as founded in previous court rulings; like common legislation, which springs from judicial decisions and tradition.
The DCFS social worker in charge with the boy’s case had the boy made a ward of DCFS, As well as in her 6-thirty day period report towards the court, the worker elaborated to here the boy’s sexual abuse history, and stated that she planned to maneuver him from a facility into a “more homelike setting.” The court approved her plan.
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182 . Const. P. 6025/2024 (D.B.) Dr. Pritam Das V/S Province of Sindh & Others Sindh High Court, Karachi As far as the stance in the respondents that pensionary benefits may be withheld on account of the allegations leveled against the petitioner, in our view, section twenty of the Sindh Civil Servants Act of 1973 deals with the pension and gratuity that civil servants are entitled to. However, the act does offer for certain circumstances under which a civil servant's pension can be withheld or reduced. These include if a civil servant is found guilty of misconduct or negligence during their service, their pension can be withheld or reduced. If a civil servant is convicted of a serious crime, their pension could possibly be withheld or reduced. In some cases, a civil servant's pension could be withheld or reduced if he/she fails to comply with certain conditions set because of the government.
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In determining whether employees of DCFS are entitled to absolute immunity, which is generally held by certain government officials performing within the scope of their employment, the appellate court referred to case legislation previously rendered on similar cases.
Criminal cases In the common regulation tradition, courts decide the legislation applicable to a case by interpreting statutes and making use of precedents which record how and why prior cases have been decided. Unlike most civil legislation systems, common law systems Keep to the doctrine of stare decisis, by which most courts are bound by their possess previous decisions in similar cases. According to stare decisis, all reduced courts should make decisions reliable with the previous decisions of higher courts.