Examine This Report on breach of condition case law pdf
Examine This Report on breach of condition case law pdf
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33 . Const. P. 114/2025 (S.B.) Mst. Zoya and another V/S The Province of Sindh and others Sindh High Court, Karachi Additionally, the main objectives from the police is always to apprehend offenders, investigate crimes, and prosecute them before the Courts, also to prevent the commission of crime, and earlier mentioned all, assure legislation and order to protect citizens' lives and property. The regulation enjoins the police to become scrupulously fair for the offender as well as Magistracy is to make sure a fair investigation and fair trial for an offender. Unfortunately, these objectives have remained unfulfilled. Deviations of police officers and police excesses in dealing with the regulation and order situation have been the subject of adverse comments from this Court as well as from other Courts, Nevertheless they have didn't have any corrective effect on it.
It is additionally important to note that granting of seniority to your civil servant without the actual size of service nearly violates your entire service structure as a civil servant inducted in Quality 17 by claiming these kinds of benefit without any experience be directly posted in any higher grade, which is neither the intention of the legislation nor in the equity. Read more
Should the DIGP finds evidence of the cognizable offense by both party, he shall direct the relevant SHO to record statements and progress according on the legislation. This petition stands disposed of in the above mentioned terms. Read more
The a lot 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 the crime, his constitutional and fundamental rights must not be violated. However it can be made crystal clear that police is free to choose 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. In the event the officials are found culpable, departmental proceedings for their punishment must be initiated, and they shall be assigned non-discipline duties while in the interim period. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Source: Order: Downloads 113 Order Date: 08-APR-twenty five Approved for Reporting WhatsApp
Therefore, this petition is found to become not maintainable and is dismissed along with the pending application(s), and also the petitioners may well find remedies through the civil court process as discussed supra. Read more
145 . Const. P. 3670/2023 (D.B.) Rehan Pervez V/S Fed. of Pakistan and Others Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the instant Petition under Article 199 from the Constitution based on the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued to your petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement while in the FIR lodged by FIA and in the intervening period the respondent dismissed him from service where after he preferred petition No.
Apart from the rules of procedure for precedent, the burden specified to any reported judgment may well count on the reputation of both the reporter and the judges.[seven]
Amir Abdul Majid, 2021 SCMR 420. 12. There is no denial from the fact that in Government service it is predicted that the persons owning their character higher than board, free from any moral stigma, are to become inducted. Verification of character and antecedents is usually a condition precedent for appointment to some 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 a 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 way out or guise to complete absent with the candidature in the petitioner. Read more
163 . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It truly is properly-settled that whilst contemplating the case of normal promotion of civil servants, the competent authority must look at the merit of every one of the qualified candidates and after owing deliberations, to grant promotion to these kinds of eligible candidates who're found to be most meritorious amongst them. Considering that the petitioner was held to be senior to his colleagues who were promoted in BS-19, the petitioner was ignored because of the respondent department just to extend favor on the blue-eyed candidate based on OPS, which is apathy within the part with the respondent department.
Binding Precedent – A rule or principle set up by a court, which other courts are obligated to follow.
182 . Const. P. 6025/2024 (D.B.) Dr. Pritam Das V/S Province of Sindh & Others Sindh High Court, Karachi So far as the stance on the respondents that pensionary benefits could be withheld on account from the allegations leveled against the petitioner, inside our view, section twenty on the Sindh Civil Servants Act of 1973 deals with the pension and gratuity that civil servants are entitled to. However, the act does provide for certain circumstances under which a civil servant's pension may very well 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 read more be withheld or reduced. In a few cases, a civil servant's pension could be withheld or reduced if he/she fails to comply with certain conditions set through the government.
ten. Based about the findings on the inquiry committee, this petition will not be considered maintainable and it is therefore liable to be dismissed, which is dismissed accordingly with pending application(s) if any. Read more
In determining whether employees of DCFS are entitled to absolute immunity, which is generally held by certain government officials acting within the scope of their employment, the appellate court referred to case legislation previously rendered on similar cases.
The Court holds the authority to review any criminal or civil cases, apart from most civil cases in which the amount in controversy does not exceed $200. Furthermore, it regulates the legal profession in Washington, and it has issued a Code of Judicial Conduct to guide the actions of state judges.