Top Guidelines Of contempt of court case law
Top Guidelines Of contempt of court case law
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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 to be scrupulously fair towards the offender along with the Magistracy is to make sure 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 together with from other courts Nonetheless 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 loads of this power casts an obligation about the police and it must bear in mind, as held by this Court that if a person is arrested for any crime, his constitutional and fundamental rights must not be violated.
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14. In the light of your position explained previously mentioned, it's concluded that a civil servant contains a fundamental right for being promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but couldn't be considered for no fault of his possess and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency during the length of service or in the form of inquiry and departmental action was so taken against his right of promotion. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads 433 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
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184 . Const. P. 469/2022 (D.B.) Zain Ahmed V/S The I.G of Police and Others Sindh High Court, Karachi In the moment case, the guidelines as established forth would not implement, as the criminal Court hasn't convicted the petitioner, alternatively he has actually been acquitted of your criminal charges based on evidence and it really is well-settled legislation that once the civil servant is acquitted while in the criminal case, then on this really charge he cannot be awarded in any punishment from the department and held him disqualified for that post because acquittal for all potential purposes. The aforesaid proposition has been set at naught from the Supreme Court of Pakistan from the case of your District Police Officer Mainwali and a pair of others v.
As being the Supreme Court would be the final arbitrator of all click here cases where the decision is arrived at, therefore the decision from the Supreme Court needs to become taken care of as directed in terms of Article 187(2) from the Constitution. ten. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
In 1996, the Nevada Division of Child and Family Services (“DCFS”) removed a twelve-year outdated boy from his home to protect him from the horrible physical and sexual abuse he experienced suffered in his home, also to prevent him from abusing other children in the home. The boy was placed within an emergency foster home, and was later shifted around within the foster care system.
Amir Abdul Majid, 2021 SCMR 420. twelve. There isn't any denial from the fact that in Government service it is anticipated that the persons having their character higher than board, free from any moral stigma, are being inducted. Verification of character and antecedents is usually a condition precedent for appointment to the Government service. The candidates must have good character and supply two recent character certificates from unrelated individuals. What is discernible from the above mentioned is that the only impediment to being appointed to your Government service could be the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a method out or guise to complete absent with the candidature in the petitioner. Read more
161 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming to the main case, it is also a well-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 succeed in 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 in the Stricto-Sensu, utilize to disciplinary proceedings. When the authority accepts that evidence and summary obtain support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty in the charge, however, that is issue to your procedure provided under the relevant rules rather than otherwise, to the reason that the Court in its power of judicial review does not act as appellate authority to re-respect the evidence and to reach at its independent findings around the evidence.
five hundred,000/- (Rupees Five hundred thousand only) Each individual along with the same shall be retained from the police station for the effect that no harm shall be caused into the petitioners. five. In view of the above mentioned, this Constitutional Petition is disposed of Read more
The Cornell Law School website offers various information on legal topics, together with citation of case legislation, and in many cases offers a video tutorial on case citation.
The appellate court determined that the trial court had not erred in its decision to allow more time for information to get gathered via the parties – specifically regarding the issue of absolute immunity.
If that judgment goes to appeal, the appellate court will have the chance to review both the precedent and the case under appeal, Most likely overruling the previous case legislation by setting a fresh precedent of higher authority. This may materialize several times since the case works its way through successive appeals. Lord Denning, first on the High Court of Justice, later of the Court of Appeal, provided a famous example of this evolutionary process in his progress from the concept of estoppel starting while in the High Trees case.
Therefore, this petition is found to generally be not maintainable and it is dismissed along with the pending application(s), along with the petitioners may well search for remedies through the civil court process as discussed supra. Read more