5 Simple Statements About case laws on 493 crpc pakistan Explained
5 Simple Statements About case laws on 493 crpc pakistan Explained
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Given that the Supreme Court would be the final arbitrator of all cases where the decision has long been attained, therefore the decision on the Supreme Court needs to get taken care of as directed in terms of Article 187(two) on the Constitution. 10. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
The main objectives of police is usually to apprehend offenders, investigate crimes, and prosecute them before the cours also to prevent to commission of crime, and above all assure law and order to protect citizen???s life and property. Read more
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) 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 CITATION:2025 SHC KHI forty six SHC Citation: SHC-252218 Tag:I have listened to the learned counsel with the parties and perused the record with their assistance. I intentionally not making any detail comments because the issues of the matter between the parties pending adjudication before the concerned court with regard on the interim relief application in terms of Section 7(one) of the Illegal Dispossession Act 2005 to hand over possession of your subjected premises for the petitioner; that Illegal Dispossession Case needs to generally be decided from the competent court after hearing the parties if pending since the petitioner has already sought a similar prayer within the Illegal Dispossession case and as far as the restoration of possession of concerned the trial court has to see this element for interim custody of the topic premises When the petitioner was found forcibly evicted from the premises in question if she possessed the valid rent agreement and decision be made within two weeks from the date of receipt of this order.
When the employee fails to provide a grievance notice, the NIRC may perhaps dismiss the grievance petition. This is because the employer hasn't experienced an opportunity to reply to the grievance and attempt to resolve it. In certain cases, the NIRC may possibly allow the employee to amend the grievance petilion to include the grievance notice. However, this is generally only performed In case the employee can show that they had a good reason for not serving the grievance notice. In the present case, the parties were allowed to steer evidence plus the petitioner company responded for the allegations as such they were perfectly aware about the allegations and led the evidence therefore this point is ofno use for being appeared into in constitutional jurisdiction at this stage. Read more
Therefore, this petition is found to generally be not maintainable and is dismissed along with the pending application(s), along with the petitioners could seek remedies through the civil court process as discussed supra. Read more
a hundred forty five . 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 moment Petition under Article 199 from the Constitution based to the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued for the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement while in the FIR lodged by FIA and during the intervening period the respondent dismissed him from service where after he preferred petition No.
From the United States, individuals are not required to hire an attorney to represent them in either civil or criminal matters. Laypeople navigating the legal system on their very own can remember just one rule of thumb when it comes to referring to case law or precedent in court documents: be as specific as you possibly can, leading the court, not only into the case, but for the section and paragraph containing the pertinent information.
Because of this, merely citing the case is more very likely to annoy a judge than help the party’s case. Consider it as calling someone to tell them you’ve found their missing phone, then telling them you live in these kinds of-and-such neighborhood, without actually giving them an address. Driving throughout the community looking to find their phone is probably going to become more frustrating than it’s truly worth.
The DCFS social worker in charge of your boy’s case experienced the boy made a ward of DCFS, and in her six-thirty day period report towards the court, the worker elaborated on the boy’s sexual abuse history, and stated that she planned to move him from a facility into a “more homelike setting.” The court approved her plan.
Article 199 on the Constitution allows High Court intervention only when "no other adequate remedy is provided by regulation." It is effectively-settled that an aggrieved person must exhaust offered remedies before invoking High Court jurisdiction, regardless of whether Those people remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. 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 to be scrupulously fair for the offender and 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 regulation and order situation have been the subject of adverse comments from this Court and from other courts However 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 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 for your crime, his constitutional and fundamental rights must not be violated.
Any court may possibly search for to distinguish the present case from that of the binding precedent, to achieve a different summary. The validity of this kind of distinction might or might not be accepted on appeal of that judgment to a higher court.
Where there are several members of a court deciding a case, there could possibly be a person or more judgments given (or reported). Only the reason for your decision from the majority can represent a binding precedent, but all may very well be cited as persuasive, or their reasoning can be adopted within an argument.
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi SHC Citation: SHC-225471 Tag:Coming into the main case, it is also a perfectly-set up 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 reach 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 during the Stricto-Sensu, use to disciplinary proceedings. When the authority accepts that evidence and summary receive support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty on the charge, however, important family law cases that is subject matter towards the procedure provided under the relevant rules rather than otherwise, for your reason that the Court in its power of judicial review does not work as appellate authority to re-enjoy the evidence and to reach at its independent findings around the evidence.