Details, Fiction and fishing expedition case law
Details, Fiction and fishing expedition case law
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It is also important to note that granting of seniority to the civil servant without the actual duration of service virtually violates the whole service composition as a civil servant inducted in Quality 17 by claiming this kind of benefit without any experience be directly posted in any higher quality, which is neither the intention on the regulation nor on the equity. Read more
However, decisions rendered from the Supreme Court of your United States are binding on all federal courts, and on state courts regarding issues from the Constitution and federal legislation.
The plenty 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 to get a crime, his constitutional and fundamental rights must not be violated. However it is made crystal clear that police is free to choose action against any person that's indulged in criminal activities issue to legislation. 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-industry duties inside the interim period. Read more
2299 of 2025. The findings are pending finalization and will be submitted without delay. Additionally they stated that directives for strict compliance have been issued to all Karachi models, with non-compliance experiencing departmental action. Furthermore, they submitted that an existing enquiry is underway. Therefore, They're directed to complete the proceedings and submit the enquiry report to this court through MIT-II of this Court. twelve. This petition stands disposed of in the above terms. Read more
For that foregoing reasons the instant suit is dismissed with no order as to cost. Office to prepare decree in the above mentioned terms. Read more
All executive and judicial authorities throughout Pakistan are obligated to act in support on the Supreme Court, making certain the enforcement of its judgments. As being the Supreme Court will be the final arbitrator of all cases where the decision has long been arrived at, the decision from the Supreme Court needs to get taken care of as directed in terms of Article 187(2) from the Constitution. Read more
The law as recognized in previous court rulings; like common law, which springs from judicial decisions and tradition.
ten. Without touching the merits of the case in the issue of once-a-year increases from the pensionary emoluments of the petitioner, in terms of policy decision in the provincial government, these yearly increase, if permissible while in the case of employees of KMC, involves further assessment to become made with the court of plenary jurisdiction. KMC's reluctance as a consequence of funding issues and not enough adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, necessitating the petitioner to go after other legal avenues. Read more
Matter:-PROTECTION Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) 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 of your police would be to apprehend offenders, look into crimes, and prosecute them before the Courts, also to prevent the commission of crime, and earlier mentioned all, make certain law and order to protect citizens' lives and property. The regulation enjoins the police to get scrupulously fair into the offender and the Magistracy is to make certain 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 law and order situation have been the topic of adverse comments from this Court along with from other Courts, However they have failed to have any corrective effect on it.
162 . Const. here P. 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others Sindh High Court, Karachi It truly is very well-settled that the civil servants must first go after internal appeals within 90 days. If the appeal just isn't decided within that timeframe, he/she will then approach the service tribunal to challenge the first order. Once they are doing so, the Tribunal must decide the appeal on merits and cannot merely direct the department to decide it, since the 90 days to the department to act has already expired. About the aforesaid proposition, we're guided through the decision of your Supreme Court from the case of Dr.
10. Based within the findings of your inquiry committee, this petition just isn't considered maintainable and is particularly therefore liable to get dismissed, which is dismissed accordingly with pending application(s) if any. Read more
156 . Const. P. 1015/2021 (D.B.) Muhammad Saleem Jehangir V/S Province of Sindh and Others Sindh High Court, Karachi It's also important to note that neither seniority nor promotion is the vested right of the civil servant, therefore, neither any seniority nor any promotion may very well be claimed or granted without the actual duration of service on account of vested rights. The purpose of prescribing a particular duration of service for turning into entitled to generally be regarded as for promotion to the higher grade, of course, is not really without logic because the officer who is to begin with inducted to a particular post needs to serve on the stated post to gain experience to hold the next higher post also to serve the public in a very befitting manner.
Therefore, this petition is found to be not maintainable and is dismissed along with the pending application(s), as well as the petitioners may possibly request remedies through the civil court process as discussed supra. Read more