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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nine . 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 The law enjoins the police being scrupulously fair on the offender and the Magistracy is to make certain 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 law and order situation have been the subject of adverse comments from this Court in addition to from other courts Nonetheless they have failed to 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 plenty 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 just a crime, his constitutional and fundamental rights must not be violated.

The main objectives of police will be to apprehend offenders, investigate crimes, and prosecute them before the cours also to prevent to commission of crime, and earlier mentioned all make sure legislation and order to protect citizen???s life and property. Read more

Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Const. P. 1479/2024 (S.B.) Mst. Shir Bano and another V/S Province of Sindh and others Sindh High Court, Karachi SHC Citation: SHC-252214 Tag:Primarily, this can be a free and democratic nation, and once a person becomes a major she or he can marry whosoever he/she likes; In case the parents on the boy or girl never approve of these types of inter-caste or interreligious marriage the most they could do if they could Slice off social relations with the son or perhaps the daughter, However they cannot give threats or commit or instigate for acts of violence and cannot harass the person who undergoes this kind of inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or Female who is major undergoes inter-caste or inter-religious marriage with a woman or man that's a major, the pair is neither harassed by any one nor subjected to threats or acts of violence and anybody who offers these threats or harasses or commits acts of violence possibly himself or at his instigation, is taken to task by instituting criminal proceedings via the police against this kind of persons and further stern action is taken against these person(s) as provided by law.

Should the employee fails to provide a grievance notice, the NIRC may possibly dismiss the grievance petition. This is because the employer has not experienced a chance to respond to the grievance and attempt to resolve it. In certain cases, the NIRC might allow the employee to amend the grievance petilion to include the grievance notice. However, this is usually only done if the employee can show that that they had a good reason for not serving the grievance notice. In the present case, the parties were allowed to steer evidence and also the petitioner company responded to your allegations as a result they were properly aware about the allegations and led the evidence therefore this point is ofno use to become appeared into in constitutional jurisdiction at this stage. Read more

Therefore, this petition is found to become not maintainable and is also dismissed along with the pending application(s), and the petitioners might search for remedies through the civil court process as discussed supra. Read more

Civil Courts retain jurisdiction over title disputes in partition matters. Agreement to sell does not confer title; it calls for legal transfer of title. Agreement to sell must be created and properly exhibited in evidence. Declining relief based on an unproduced and un-exhibited sale agreement is legally unsustainable. Read more

Legislation professors traditionally have played a much lesser role in developing case legislation in common legislation than professors in civil regulation. Because court decisions in civil here law traditions are historically brief[four] and not formally amenable to establishing precedent, much in the exposition with the regulation in civil law traditions is completed by lecturers alternatively than by judges; this is called doctrine and will be published in treatises or in journals for example Recueil Dalloz in France. Historically, common regulation courts relied small on legal scholarship; As a result, within the turn of the twentieth century, it was extremely unusual to view an educational writer quoted inside of a legal decision (except Possibly to the educational writings of outstanding judges which include Coke and Blackstone).

Amir Abdul Majid, 2021 SCMR 420. twelve. There is not any denial from the fact that in Government service it is predicted that the persons acquiring their character higher than board, free from any moral stigma, are to generally be inducted. Verification of character and antecedents is usually a condition precedent for appointment to a 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 your Government service is definitely the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a method out or guise to do absent with the candidature of your petitioner. Read more

The DCFS social worker in charge of the boy’s case experienced the boy made a ward of DCFS, As well as in her 6-thirty day period report for the court, the worker elaborated within 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.

139 . Const. P. 288/2024 (D.B.) Engro Fertilizers Limited through Asad Shakil Khan V/S Full Bench of NIRC & others Sindh High Court, Bench at Sukkur Referring to the second issue of non-service of grievance notice. Under Section 33 in the Industrial Relations Ac1,2012 (lRA 2012), ifa grievance notice is not really served, the grievance petition can be dismissed. This is because service from the grievance notice is a mandatory requirement and a precondition for filing a grievance petition. The law needs that a grievance notice be served to the employer before filing a grievance petition. This allows the employer to reply to the grievance and attempt to resolve it amicably. If the employer fails to respond or resolve the grievance, the employee can then file a grievance petition with the National Industrial Relations Commission CNIRC) In the event the organization is transprovincial.

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 in the regulation laid down because of the Supreme Court from the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. Thus, the competent authority of the parent department in the petitioner plus the Chief Secretary, Sindh, are liable to release the pensionary amount with the petitioner and shell out the pension amount and other ancillary benefits for the petitioner to which He's entitled under the legislation within two months from the date of receipt of this order. The competent authority from the respondent can also be directed to recalculate the pensionary benefits of the petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more

ten. Based about the findings on the inquiry committee, this petition is just not thought of maintainable and it is therefore liable being dismissed, which is dismissed accordingly with pending application(s) if any. Read more

Where there are several members of a court deciding a case, there could be a single or more judgments given (or reported). Only the reason with the decision with the majority can represent a binding precedent, but all may very well be cited as persuasive, or their reasoning could be adopted within an argument.

Rulings by courts of “lateral jurisdiction” are not binding, but could be used as persuasive authority, which is to provide substance on the party’s argument, or to guide the present court.