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 into the offender plus the Magistracy is to be 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 along with 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 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 any crime, his constitutional and fundamental rights must not be violated.
The police has the power to arrest a person even without obtaining a warrant of arrest from a court. The lots 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. Read more
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) 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 is a free and democratic place, and once a person becomes a major she or he can marry whosoever he/she likes; Should the parents on the boy or Woman usually do not approve of this sort of inter-caste or interreligious marriage the maximum they could do if they are able to Reduce off social relations with the son or perhaps the daughter, Nevertheless they cannot give threats or commit or instigate for acts of violence and cannot harass the person who undergoes such inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or Woman who's major undergoes inter-caste or inter-religious marriage with a woman or male who's a major, the couple is neither harassed by any one nor subjected to threats or acts of violence and anyone who provides these kinds of threats or harasses or commits acts of violence possibly himself or at his instigation, is taken to job by instituting criminal proceedings from the police against this sort of persons and further stern action is taken against such person(s) as provided by regulation.
Acquittal nullifies prior guilt and fortifies petitioners' eligibility for appointment. No juridical impediment to appointment following acquittal. Equivalence of acquittals under compromise and criminal procedure code, and the role of "badal-i-sulh" in restorative justice. Distinction between probationary release and acquittal. Probationary release to be a legally acknowledged conviction. Read more
149 . Const. P. 6193/2016 (D.B.) Syed Musawar Shah V/S M.D CSD and Ors Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the moment Petition under Article 199 with the Constitution based over the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued on the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement within the FIR lodged by FIA and in the intervening period the respondent dismissed him from service where after he preferred petition No.
In order to preserve a uniform enforcement with the laws, the legal system adheres to your doctrine of stare decisis
All executive and judicial authorities throughout Pakistan are obligated to act in support from the Supreme Court, making certain the enforcement of its judgments. Since the Supreme Court may be the final arbitrator of all cases where the decision has become attained, the decision from the Supreme Court needs being taken care of as directed in terms of Article 187(two) on the Constitution. Read more
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 earlier mentioned board, free from any moral stigma, are to be inducted. Verification of character and antecedents is really 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 a 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 from the petitioner. Read more
Case regulation, also used interchangeably with common regulation, is a law that is based on precedents, that may be the judicial decisions from previous cases, fairly than legislation based on constitutions, statutes, or regulations. Case legislation uses the detailed facts of the legal case that have been resolved by courts or similar tribunals.
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 served, the grievance petition may be dismissed. This is because service on the grievance notice is actually a mandatory prerequisite plus a precondition for filing a grievance petition. The legislation involves that a grievance notice be served on the employer before filing a grievance petition. This allows the employer to respond to the grievance and attempt to resolve it amicably. In the event 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 case the organization is transprovincial.
162 . Const. P. 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others Sindh High Court, Karachi It is actually perfectly-settled that the civil read more servants must first go after internal appeals within 90 days. If the appeal is not decided within that timeframe, he/she will be able to then solution the service tribunal to challenge the original order. Once they do so, the Tribunal must decide the appeal on merits and cannot merely direct the department to decide it, because the 90 days to the department to act has already expired. About the aforesaid proposition, we've been guided via the decision of the Supreme Court within the case of Dr.
The appellate court determined that the trial court had not erred in its decision to allow more time for information for being gathered through the parties – specifically regarding the issue of absolute immunity.
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 learned counsel for your 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) from the Illegal Dispossession Act 2005 to hand over possession with the subjected premises on the petitioner; that Illegal Dispossession Case needs to be decided with the competent court after hearing the parties if pending because 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 has to see this part for interim custody of the topic premises In case 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. Read more
Therefore, this petition is found to generally be not maintainable and it is dismissed along with the pending application(s), and the petitioners could search for remedies through the civil court process as discussed supra. Read more