Indicators on bail granted to pregnant woman in 302 case laws You Should Know
Indicators on bail granted to pregnant woman in 302 case laws You Should Know
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As the Supreme Court will be the final arbitrator of all cases where the decision has actually been attained, therefore the decision of your Supreme Court needs for being taken care of as directed in terms of Article 187(two) of the Constitution. 10. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
It is additionally important to note that granting of seniority into a civil servant without the actual length of service virtually violates your entire service construction to be a civil servant inducted in Quality 17 by claiming these benefit without any experience be directly posted in any higher quality, which is neither the intention from the law nor from the equity. Read more
In that feeling, case law differs from a single jurisdiction to another. For example, a case in The big apple would not be decided using case legislation from California. Alternatively, The big apple courts will review the issue depending on binding precedent . If no previous decisions to the issue exist, Ny courts could have a look at precedents from a different jurisdiction, that would be persuasive authority relatively than binding authority. Other factors for example how previous the decision is along with the closeness towards the facts will affect the authority of a specific case in common regulation.
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 a crime, his constitutional and fundamental rights must not be violated. However it is made distinct that police is free to take action against any person that's indulged in criminal activities issue to regulation. eight. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two months, address the alleged police misconduct. If your officials are found culpable, departmental proceedings for their punishment must be initiated, they usually shall be assigned non-subject duties inside the interim period. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Source: Order: Downloads 113 Order Date: 08-APR-25 Approved for Reporting WhatsApp
This Court may well interfere where the authority held the proceedings against the delinquent officer in a very way inconsistent with the rules of natural justice or in violation of statutory rules prescribing the method of inquiry or where the summary or finding achieved because of the disciplinary authority is based on no evidence. If your summary or finding is for instance no reasonable person would have ever achieved, the Court may well interfere with the summary or even the finding and mold the relief to make it appropriate towards the facts of each case. In service jurisprudence, the disciplinary authority could be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-take pleasure in the evidence or perhaps the nature of punishment. About the aforesaid proposition, we have been fortified with the decision in the Supreme Court inside the case of website Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
However it can be made very clear that police is free to take action against any person that is indulged in criminal activities matter to law. However no harassment shall be caused on the petitioner, if she acts within the bonds of law. Police shall also guarantee respect with the family shed in accordance with legislation and if they have reasonable ground to prevent the congnizable offence they will act, so far as raiding the house is concerned the police shall safe concrete evidence and acquire necessary permission from the concerned high police official/Magistrate like a issue of security from the house is concerned, which is not really public place under the Act 1977. 9. Looking at the aforementioned details, the objective of filing this petition is attained. Therefore, this petition is hereby disposed of within the terms stated earlier mentioned. Read more
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163 . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It can be properly-settled that even though taking into consideration the case of regular promotion of civil servants, the competent authority should look at the merit of many of the qualified candidates and after due deliberations, to grant promotion to these kinds of eligible candidates who are found to get 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 extend favor to your blue-eyed candidate based on OPS, which is apathy around the part of the respondent department.
Article 199 of your Constitution allows High Court intervention only when "no other enough remedy is provided by legislation." It truly is perfectly-settled that an aggrieved person must exhaust accessible remedies before invoking High Court jurisdiction, regardless of whether People remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
In other circumstances as discussed supra pensionary benefits cannot be stopped on account of criminal charges after the retirement of two years; and, is violative with the regulation laid down via the Supreme Court during the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. Hence, the competent authority in the parent department of the petitioner plus the Chief Secretary, Sindh, are liable to release the pensionary amount of your petitioner and shell out the pension amount and other ancillary benefits on the petitioner to which He's entitled under the legislation within two months from the date of receipt of this order. The competent authority in the respondent is also directed to recalculate the pensionary benefits of your petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more
These lists are sorted chronologically by Chief Justice and incorporate all notable cases decided via the court. Articles exist for almost all cases.
Usually, only an appeal accepted by the court of past vacation resort will resolve such differences and, For numerous reasons, these kinds of appeals are frequently not granted.
The uncovered Tribunal shall decide the case on merits, without being influenced by the findings inside the Impugned order, after recording of evidence with the respective parties. Read more