Not known Facts About bail case law on sec 337 a ii ppc
Not known Facts About bail case law on sec 337 a ii ppc
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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 to generally be scrupulously fair into the offender plus 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 legislation and order situation have been the topic of adverse comments from this Court along with 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 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 a crime, his constitutional and fundamental rights must not be violated.
The main objectives of police is to apprehend offenders, examine crimes, and prosecute them before the cours also to prevent to commission of crime, and higher than all make certain regulation and order to protect citizen???s life and property. Read more
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Const. P. 1479/2024 (S.B.) Mst. Shir Bano and another V/S Province of Sindh and others Sindh High Court, Karachi SHC Citation: SHC-252214 Tag:Primarily, this is a free and democratic state, and once a person becomes a major he / she can marry whosoever he/she likes; if the parents of the boy or Woman do not approve of these types of inter-caste or interreligious marriage the utmost they are able to do if they could Reduce off social relations with the son or maybe the daughter, but they cannot give threats or commit or instigate for acts of violence and cannot harass the person who undergoes these types of inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or Woman that is major undergoes inter-caste or inter-religious marriage with a woman or man that is a major, the couple is neither harassed by any one nor subjected to threats or acts of violence and anyone who gives such threats or harasses or commits acts of violence both himself or at his instigation, is taken to task by instituting criminal proceedings by the police against these kinds of persons and further stern action is taken against this kind of person(s) as provided by legislation.
The plenty 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. However it's made clear that police is free to choose action against any person that is indulged in criminal activities subject to regulation. 8. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two weeks, address the alleged police misconduct. If your officials are found culpable, departmental proceedings for their punishment must be initiated, and so they shall be assigned non-field duties in the interim period. Read more
2299 of 2025. The findings are pending finalization and will be submitted without delay. In addition they stated that directives for strict compliance have been issued to all Karachi units, with non-compliance dealing with departmental action. Furthermore, they submitted that an existing enquiry is underway. Therefore, These are directed to complete the proceedings and submit the enquiry report to this court through MIT-II of this Court. 12. This petition stands disposed of in the above terms. Read more
These past decisions are called "case law", or precedent. Stare decisis—a Latin phrase meaning "let the decision stand"—may be the principle by which judges are bound to these types of past decisions, drawing on established judicial authority to formulate their positions.
27 . Const. P. 4002/2011 (D.B.) Ibrahim Noor V/S Pakistan International Airways 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 bring about exoneration from departmental charges based on the same factual grounds. Though a writ under Article 199 is obtainable in specific limited situations, it is actually generally not the suitable remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a full possibility to cross-study witnesses and present his/her defense but did not encourage the department of his/her innocence.
However it can be made crystal clear that police is free to just take action against any person who's indulged in criminal activities matter to legislation. However no harassment shall be caused for the petitioner, if she acts within the bonds of legislation. Police shall also ensure regard from the family lose in accordance with regulation and when they have reasonable ground to prevent the congnizable offence they might act, so far as raiding the house is concerned the police shall secure concrete evidence and procure necessary permission from the concerned high police official/Magistrate being a issue of security with the house is concerned, which isn't public place under the Act 1977. 9. Looking at the aforementioned details, the objective of filing this petition has been reached. For that reason, this petition is hereby disposed of during the terms stated over. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Source: Order: Downloads 40 Order Date: 08-APR-25 Approved for Reporting WhatsApp
161 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming to your main case, It is usually a well-founded proposition of law that when an here 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 summary. But that finding must be based on some evidence. Neither the technical rules nor proof of the fact or evidence during the Stricto-Sensu, utilize to disciplinary proceedings. When the authority accepts that evidence and summary get support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty on the charge, however, that is issue into the procedure provided under the relevant rules instead of otherwise, with the reason that the Court in its power of judicial review does not work as appellate authority to re-appreciate the evidence and to reach at its independent findings on the evidence.
Article 27 from the Constitution does not only safeguard against discrimination at the time of appointment of service but after the appointment at the same time. The disparity from the spend scale allowances of Stenographers while in the District Judiciary is while in the obvious negation of the regulation laid down via the Supreme Court in its numerous pronouncements. Read more
162 . Const. P. 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others Sindh High Court, Karachi It's effectively-settled that the civil servants must first pursue internal appeals within ninety days. When the appeal will not be decided within that timeframe, he/she will then solution the service tribunal to challenge the original order. Once they do so, the Tribunal must decide the appeal on merits and cannot merely direct the department to decide it, as being the 90 days for the department to act has already expired. On the aforesaid proposition, we have been guided with the decision of the Supreme Court while in the case of Dr.
Summaries of cases that shape the lives of younger individuals, ensuring a further understanding of justice within the juvenile system. Knowledge that matters, crafted for legal professionals and enthusiasts alike.
Preceding four tax years interpreted. It is not from the date of finalisation of audit but from the tax year involved. Read more
Therefore, this petition is found for being not maintainable which is dismissed along with the pending application(s), as well as petitioners may well seek remedies through the civil court process as discussed supra. Read more