A Secret Weapon For duty to avoid conflict of interest case law
A Secret Weapon For duty to avoid conflict of interest case law
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In case the DIGP finds evidence of a cognizable offense by possibly party, he shall direct the relevant SHO to record statements and progress according into the legislation. This petition stands disposed of in the above terms. Read more
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 being a legally recognized conviction. Read more
This Court may interfere where the authority held the proceedings against the delinquent officer within a way inconsistent with the rules of natural justice or in violation of statutory rules prescribing the manner of inquiry or where the summary or finding reached from the disciplinary authority is based on no evidence. If your conclusion or finding is like no reasonable person would have ever attained, the Court may possibly interfere with the conclusion or even the finding and mould the relief to make it proper into the facts of each and every case. In service jurisprudence, the disciplinary authority is the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-enjoy the evidence or even the nature of punishment. Over the aforesaid proposition, we have been fortified with the decision on the Supreme Court in the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
For the foregoing reasons the moment suit is dismissed with no order concerning cost. Office to prepare decree in the above mentioned terms. Read more
Summaries offer a concise insight into the realm of dispute resolution outside traditional court proceedings. In Pakistan, arbitration serves as an important alternative for resolving commercial conflicts swiftly and effectively.
However it is actually made apparent that police is free to choose action against any person that's indulged in criminal activities matter to legislation. However no harassment shall be caused to your petitioner, if she acts within the bonds of law. Police shall also be certain respect of the family drop in accordance with regulation and whenever they have reasonable ground to prevent the congnizable offence they could act, as far as raiding the house is concerned the police shall secure concrete evidence and procure necessary permission from the concerned high police official/Magistrate as a issue of security of the house is concerned, which is not public place under the Act 1977. nine. Thinking about the aforementioned details, the objective of filing this petition continues to be achieved. Consequently, this petition is hereby disposed of during the terms stated earlier mentioned. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads 40 Order Date: 08-APR-twenty five Approved for Reporting WhatsApp
10. Without touching the merits with the case of the issue of yearly increases in the pensionary emoluments on the petitioner, in terms of policy decision from the provincial government, this kind of once-a-year increase, if permissible read more inside the case of employees of KMC, involves further assessment to get made from the court of plenary jurisdiction. KMC's reluctance on account of funding issues and lack of adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, demanding the petitioner to go after other legal avenues. Read more
Article 27 with the Constitution does not only safeguard against discrimination within the time of appointment of service but after the appointment also. The disparity during the pay scale allowances of Stenographers from the District Judiciary is while in the clear negation in the regulation laid down through the Supreme Court in its many pronouncements. Read more
Matter:-DIRECTION Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) 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 SHC Citation: SHC-252210 Tag:The regulation enjoins the police being scrupulously fair for the offender as well as the Magistracy is to ensure 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 together with from other courts but they have didn't 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 loads 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.
The reason for this difference is that these civil law jurisdictions adhere to your tradition that the reader should be capable of deduce the logic from the decision as well as statutes.[4]
171 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It's well recognized now that the provision for proforma promotion just isn't alien or unfamiliar to the civil servant service structure but it is already embedded in Fundamental Rule seventeen, wherein it can be lucidly enumerated that the appointing authority may perhaps if glad that a civil servant who was entitled being promoted from a particular date was, for no fault of his individual, wrongfully prevented from rendering service into the Federation/ province from the higher post, direct that these kinds of civil servant shall be paid the arrears of shell out and allowances of such higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
The Court directed the Chief Secretary of Sindh to make sure the Act's effective implementation in line with its first purpose and called for educational programs Bachelor degree(s) in the topic of cooperative societies. Read more