These provisions apply to cases where evidence was recorded after the QSO's enforcement, even when the transaction occurred just before its promulgation. Read more
Article 199 with the Constitution allows High Court intervention only when "no other enough remedy is provided by regulation." It's well-settled that an aggrieved person must exhaust obtainable remedies before invoking High Court jurisdiction, regardless of whether those remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
Should the DIGP finds evidence of the cognizable offense by either party, he shall direct the relevant SHO to record statements and proceed according into the legislation. This petition stands disposed of in the above mentioned terms. Read more
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However it really is made clear that police is free to choose action against any person who's indulged in criminal activities subject matter to law. However no harassment shall be caused on the petitioner, if she acts within the bonds of law. Police shall also assure respect of the family shed in accordance with regulation and when they have reasonable ground to prevent the congnizable offence they can act, as far as raiding the house is concerned the police shall safe concrete evidence and acquire necessary permission from the concerned high police official/Magistrate like a issue of security of your house is concerned, which is not really public place under the Act 1977. 9. Considering the aforementioned details, the objective of filing this petition has become obtained. As a result, this petition is hereby disposed of while in the terms stated above. Read more
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Amir Abdul Majid, 2021 SCMR 420. 12. There is no denial from the fact that in Government service it is predicted that the persons possessing their character above board, free from any moral stigma, are being inducted. Verification of character and antecedents is often 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 the Government service is definitely the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof balance of probabilities case law by conviction, cannot be a way out or guise to perform away with the candidature of your petitioner. Read more
161 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming to your main case, It is additionally a very well-founded 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 succeed in 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 in the Stricto-Sensu, apply to disciplinary proceedings. When the authority accepts that evidence and summary get support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty on the charge, however, that is issue to your procedure provided under the relevant rules and never otherwise, for your reason that the Court in its power of judicial review does not act as appellate authority to re-enjoy the evidence and to reach at its independent findings about the evidence.
twelve. There is no denial from the fact that in Government service it is expected that the persons owning their character earlier mentioned board, free from any moral stigma, are for being inducted. Verification of character and antecedents is often a condition precedent for appointment into a Government service. The candidates must have good character and provide two recent character certificates from unrelated individuals. What is discernible from the above is that the only impediment to being appointed to some 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 means out or guise to carry out absent with the candidature of your petitioner. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads 185 Order Date: 15-JAN-twenty five Approved for Reporting WhatsApp
This page contains slip opinions. Slip opinions are definitely the opinions that are filed over the working day that the appellate court issues its decision and in many cases are not the court's final opinion.
If granted absolute immunity, the parties would not only be protected from liability during the matter, but could not be answerable in almost any way for their actions. When the court delayed making such a ruling, the defendants took their request to the appellate court.
Where there are several members of a court deciding a case, there can be a single or more judgments offered (or reported). Only the reason for the decision of the majority can constitute a binding precedent, but all can be cited as persuasive, or their reasoning could possibly be adopted in an argument.
Therefore, this petition is found to generally be not maintainable and is also dismissed along with the pending application(s), as well as petitioners may seek out remedies through the civil court process as discussed supra. Read more