As the Supreme Court is definitely the final arbitrator of all cases where the decision has actually been arrived at, therefore the decision in the Supreme Court needs to generally be taken care of as directed in terms of Article 187(2) with the Constitution. 10. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
In Dosso's case (1958), the Pakistan Supreme Court used jurist Hans Kelsen's theory that a revolution is often justified when The essential norm underlying a Constitution disappears as well as a new system is put in its place.
In that feeling, case legislation differs from one particular jurisdiction to another. For example, a case in Big apple would not be decided using case regulation from California. Instead, Ny courts will review the issue counting on binding precedent . If no previous decisions to the issue exist, The big apple courts could have a look at precedents from a different jurisdiction, that would be persuasive authority fairly than binding authority. Other factors for instance how aged the decision is plus the closeness on the facts will affect the authority of the specific case in common law.
The lots of this power casts an obligation over 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. However it is actually made crystal clear that police is free to get action against any person who's indulged in criminal activities subject to regulation. 8. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two months, address the alleged police misconduct. If your officials are found culpable, departmental proceedings for their punishment must be initiated, and they shall be assigned non-industry duties inside the interim period. Read more
This Court may possibly interfere where the authority held the proceedings against the delinquent officer inside of a manner inconsistent with the rules of natural justice or in violation of statutory rules prescribing the method of inquiry or where the conclusion or finding achieved because of the disciplinary authority is based on no evidence. When the conclusion or finding is for instance no reasonable person would have ever achieved, the Court may possibly interfere with the summary or maybe the finding and mold the relief to make it suitable for the facts of every case. In service jurisprudence, the disciplinary authority would be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-recognize the evidence or perhaps the nature of punishment. Within the aforesaid proposition, we are fortified with the decision from the Supreme Court within the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
For the foregoing reasons the instant suit is dismissed with no order regarding 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. Because the Supreme Court is the final arbitrator of all cases where the decision has long been arrived at, the decision in the Supreme Court needs for being taken care of as directed in terms of Article 187(2) of the Constitution. Read more
eleven . Const. P. 1479/2024 (S.B.) Mst. Shir Bano and another V/S Province of Sindh and others Sindh High Court, Karachi Primarily, this can be a free and democratic state, and once a person becomes a major they can marry whosoever he/she likes; If your parents with the boy or Lady will not approve of such inter-caste or interreligious marriage the utmost they're able to do if they're able to Lower off social relations with the son or maybe 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 Female who's major undergoes inter-caste or inter-religious marriage with a woman or male that is a major, the pair is neither harassed by anyone nor subjected to threats or acts of violence and anyone who presents these kinds of threats or harasses or commits acts of violence both himself or at his instigation, is taken to process by instituting criminal proceedings by the police against this kind of persons and further stern action is taken against this sort of person(s) as provided by regulation.
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's also a very well-established 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 summary. But that finding must be based on some evidence. website Neither the technical rules nor proof of a fact or evidence inside the Stricto-Sensu, utilize 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 in the charge, however, that is issue to the procedure provided under the relevant rules and not otherwise, for the reason that the Court in its power of judicial review does not act as appellate authority to re-recognize the evidence and to arrive at its independent findings within the evidence.
Article 27 on the Constitution does not only safeguard against discrimination with the time of appointment of service but after the appointment also. The disparity in the pay out scale allowances of Stenographers while in the District Judiciary is from the apparent negation on the law laid down by the Supreme Court in its numerous pronouncements. Read more
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 from the law laid down from the Supreme Court while in the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. As a result, the competent authority with the parent department on the petitioner and also the Chief Secretary, Sindh, are liable to release the pensionary amount on the petitioner and shell out the pension amount and other ancillary benefits into the petitioner to which he is entitled under the regulation within two months from the date of receipt of this order. The competent authority of 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
If granted absolute immunity, the parties would not only be protected from liability within the matter, but could not be answerable in any way for their actions. When the court delayed making such a ruling, the defendants took their request for the appellate court.
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Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi SHC Citation: SHC-225471 Tag:Coming into the main case, It is additionally a properly-founded proposition of law 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 inside the Stricto-Sensu, utilize to disciplinary proceedings. When the authority accepts that evidence and conclusion obtain support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty of your charge, however, that is subject on the procedure provided under the relevant rules instead of otherwise, for your reason that the Court in its power of judicial review does not act as appellate authority to re-recognize the evidence and to reach at its independent findings over the evidence.