Details, Fiction and fishing expedition case law
Details, Fiction and fishing expedition case law
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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 any crime, his constitutional and fundamental rights must not be violated. Read more
fourteen. Within the light of the position explained over, it is concluded that a civil servant contains a fundamental right to get promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but couldn't be regarded for no fault of his own and In the meantime he retired on attaining the age of superannuation without any shortcoming on his part about deficiency while in the size of service or within the form of inquiry and departmental action was so taken against his right of promotion. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads 433 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
The a good amount of this power casts an obligation within 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 very clear that police is free to get action against any person who's indulged in criminal activities topic 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. Should the 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 perhaps interfere where the authority held the proceedings against the delinquent officer in a method inconsistent with the rules of natural justice or in violation of statutory rules prescribing the mode of inquiry or where the summary or finding achieved through the disciplinary authority is based on no evidence. When the summary or finding is for example no reasonable person would have ever attained, the Court may perhaps interfere with the summary or even the finding and mold the relief to really make it acceptable 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-recognize the evidence or even the nature of punishment. Over the aforesaid proposition, we are fortified because of the decision in the Supreme Court during the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
The proposal is apparently reasonable and acceded to. During the meantime police shall remain neutral from the private dispute between the parties, however, if any on the individuals is indulged in criminal activity the police shall consider prompt action against them under regulation. five. The instant petition is disposed of in the above terms. Read more
116 . Cr.Misc. 787/2024 (S.B.) Muhammad Anwar V/S S.P Complaint Cell Hyderabad & Others Sindh High Court, Circuit at Hyderabad 2025 SHC HYD twelve Justice on the Peace u/s 22-A is not really obliged to afford an opportunity of hearing to your accused party; nor obliged to necessarily or mechanically issue directions for registration of FIR; but is needed to look at all relevant factors, with care and caution; to avoid machinery of criminal legislation from being misused; frivolous complaints must be discouraged; relationship, enmity, transactions, litigation and other remedies, are a lot of the relevant factors. Read more
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The DCFS social worker in charge of your boy’s case experienced the boy made a ward of DCFS, and in her six-month report into the court, the worker elaborated over 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.
Matter:-PROTECTION Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Const. P. 114/2025 (S.B.) Mst. Zoya and another V/S The Province of Sindh and others Sindh High Court, Karachi SHC Citation: SHC-251830 Tag:Additionally, the main objectives on the police is to apprehend offenders, examine crimes, and prosecute them before the Courts, also to prevent the commission of crime, and over all, ensure legislation and order to protect citizens' lives and property. The regulation enjoins the police to be scrupulously fair for the offender and also the Magistracy is to guarantee 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 legislation and order situation have been the topic of adverse comments from this Court and from other Courts, Nonetheless they have failed to have any corrective effect on it.
Consequently, this petition is hereby disposed of during the terms stated higher than. However no harassment shall be caused to possibly check here party and also the case shall be decided because of the competent court of law if pending. Read more
ten. Based on 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. five/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 46 I have heard the acquired counsel for that parties and perused the record with their assistance. I intentionally not making any detail comments given that the issues of your matter between the parties pending adjudication before the concerned court with regard on the interim relief application in terms of Section 7(1) of the Illegal Dispossession Act 2005 at hand over possession with the subjected premises into the petitioner; that Illegal Dispossession Case needs to get decided through the competent court after hearing the parties if pending since the petitioner has already sought a similar prayer inside the Illegal Dispossession case and so far as the restoration of possession of concerned the trial court should see this element for interim custody of the subject premises Should 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
The acquired Tribunal shall decide the case on merits, without being influenced by the findings while in the Impugned order, after recording of evidence of the respective parties. Read more