Examine This Report on breach of condition case law pdf
Examine This Report on breach of condition case law pdf
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The police has the power to arrest a person even without obtaining a warrant of arrest from a court. The a good amount 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 to get a crime, his constitutional and fundamental rights must not be violated. Read more
As the Supreme Court will be the final arbitrator of all cases where the decision is achieved, therefore the decision on the Supreme Court needs being taken care of as directed in terms of Article 187(2) of the Constitution. ten. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
This ruling has conditions, and For the reason that petitioners unsuccessful a qualifying Test, they cannot claim equity or this Court's jurisdiction based around the Niazi case analogy. 9. In view of the above mentioned facts and circumstances with the case, petitioners have not demonstrated a case for this court's intervention under Article 199 from the Constitution. Read more
The Supreme Court's explanation from Fida Muhammad v. Government of Khyber Pakhtunkhwa and others (2021 SCMR 1895), clearly distinguished between up-gradation and promotion. Promotion consists of a transfer to some higher position with increased responsibilities and rank. Upgradation, on the other hand, gives financial relief by positioning an employee in a very higher spend scale, without shifting their job duties or position. It's a mechanism designed to address the stagnation of employees who have remained during the same shell out scale for a lengthy time, particularly when they lack chances for promotion. Upgradation is usually a policy Instrument used to reduce the hardship of extensive-term stagnation. Read more
In order to preserve a uniform enforcement with the laws, the legal system adheres to the doctrine of stare decisis
Summaries offer a concise insight into the realm of dispute resolution outdoors traditional court proceedings. In Pakistan, arbitration serves as a vital alternative for resolving commercial conflicts quickly and proficiently.
We're an independent branch of government constitutionally entrusted with the fair and just resolution of disputes in order to preserve the rule of law and also to protect the rights and liberties guaranteed from the Constitution and laws from the United States and this State.
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 usually a nicely-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 achieve a finding of fact or conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of the fact or evidence from 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 of the charge, however, that is topic on the procedure provided under the relevant rules and never otherwise, with the reason that the Court in its power of judicial review does not act as appellate authority to re-value the evidence and to reach at its independent findings around the evidence.
five hundred,000/- (Rupees Five hundred thousand only) each as well as the same shall be kept from the police station on the effect that no harm shall be caused to the petitioners. 5. In view of the above, this Constitutional Petition is disposed of Read more
Matter:-DIRECTION Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) 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 legislation enjoins the police for being scrupulously fair into the offender along with 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 together with from other courts Nevertheless 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 a good amount 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 any crime, his constitutional and fundamental rights must not be violated.
ten. Based around the findings in the inquiry committee, this petition will not be regarded maintainable and is particularly therefore liable to get dismissed, which is dismissed accordingly with pending application(s) if any. Read more
seventeen . Const. P. 5/2024 (S.B.) Mst. Nasira Khalique Thr. Ms. Seema Khalique V/S The Province of Sindh and others Sindh High Court, Karachi 2025 SHC KHI forty six I have read the realized counsel for the parties and perused the record with their assistance. I intentionally not making any detail comments as the issues from the matter between the parties pending adjudication before the concerned court with regard to the interim relief application in terms of Section seven(one) on the Illegal Dispossession Act 2005 to hand over possession of your subjected premises to your petitioner; that Illegal Dispossession Case needs being decided with the competent court after hearing the parties if pending as the petitioner has already sought a similar prayer in the Illegal Dispossession case and as far as the restoration of possession of concerned the trial court has got to see this factor for interim custody of the subject premises if the petitioner was found forcibly evicted from the premises in question if she possessed the valid rent agreement and decision be made within two months from the date of receipt of this order. Read more
Rulings by courts of “lateral jurisdiction” are certainly not binding, but may be used as persuasive authority, which is to give substance more info towards the party’s argument, or to guide the present court.