Examine This Report on breach of condition case law pdf

33 . Const. P. 114/2025 (S.B.) Mst. Zoya and another V/S The Province of Sindh and others Sindh High Court, Karachi Additionally, the main objectives of the police is usually to apprehend offenders, examine crimes, and prosecute them before the Courts, also to prevent the commission of crime, and above all, be certain regulation and order to protect citizens' lives and property. The legislation enjoins the police to be scrupulously fair towards the offender and the Magistracy is to make sure a fair investigation and fair trial for an offender. Unfortunately, these objectives have remained unfulfilled. Deviations of police officers and police excesses in dealing with the law and order situation have been the subject of adverse comments from this Court along with from other Courts, However they have didn't have any corrective effect on it.

The main objectives of police is to apprehend offenders, look into crimes, and prosecute them before the cours also to prevent to commission of crime, and above all ensure legislation and order to protect citizen???s life and property. Read more

Today tutorial writers are frequently cited in legal argument and decisions as persuasive authority; normally, they are cited when judges are attempting to put into action reasoning that other courts have not yet adopted, or when the judge thinks the tutorial's restatement in the regulation is more powerful than may be found in case legislation. Thus common legislation systems are adopting one of many approaches long-held in civil legislation jurisdictions.

The loads 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 to get a crime, his constitutional and fundamental rights must not be violated. However it truly is made crystal clear that police is free to take action against any person that is indulged in criminal activities matter to legislation. eight. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two weeks, address the alleged police misconduct. If the officials are found culpable, departmental proceedings for their punishment must be initiated, and they shall be assigned non-subject duties from the interim period. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads 113 Order Date: 08-APR-twenty five Approved for Reporting WhatsApp

Unfortunately, that wasn't real. Just two months after being placed with the Roe family, the Roe’s son told his parents that the boy had molested him. The boy was arrested two times later, and admitted to getting sexually molested the few’s son several times.

Since the Supreme Court may be the final arbitrator of all cases where the decision has actually been arrived at, therefore the decision of the Supreme Court needs to be taken care of as directed in terms of Article 187(two) in the Constitution. ten. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more

The Roes accompanied the boy to his therapy sessions. When they were advised of the boy’s past, they questioned if their children were Protected with him in their home. The therapist confident them that they'd nothing to fret about.

If you find an error inside the articles of the published opinion (for instance a misspelled name or a grammatical error), please notify the Reporter of Decisions. TVW

ten. Without touching the merits of the case with the issue of yearly increases from the pensionary emoluments from the petitioner, in terms of policy decision of your provincial government, these types of annual increase, if permissible inside the case of employees of KMC, calls for further assessment to be made with the court of plenary jurisdiction. KMC's reluctance because of funding issues and insufficient adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, necessitating the petitioner to go after other legal avenues. Read more

Article 199 of your Constitution allows High Court intervention only when "no other ample remedy is provided by legislation." It is actually nicely-settled that an aggrieved person must exhaust offered remedies before invoking High Court jurisdiction, regardless of whether Those people remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. 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 of the legislation laid down because of the Supreme Court in the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. Thus, the competent authority from the parent department in the petitioner and also the Chief Secretary, Sindh, are liable to release the pensionary amount with the petitioner and pay read more the pension amount and other ancillary benefits towards the petitioner to which he is entitled under the law within two months from the date of receipt of this order. The competent authority from the respondent is additionally directed to recalculate the pensionary benefits in the petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more

A year later, Frank and Adel have a similar dilemma. When they sue their landlord, the court must use the previous court’s decision in implementing the legislation. This example of case regulation refers to two cases heard while in the state court, in the same level.

17 . 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 forty six I have read the uncovered counsel for your parties and perused the record with their assistance. I intentionally not making any detail comments because the issues of your matter between the parties pending adjudication before the concerned court with regard for the interim relief application in terms of Section seven(one) from the Illegal Dispossession Act 2005 handy over possession in the subjected premises on the petitioner; that Illegal Dispossession Case needs to generally be decided by the competent court after hearing the parties if pending because the petitioner has already sought a similar prayer from the Illegal Dispossession case and as far as the restoration of possession of concerned the trial court has to see this aspect for interim custody of the subject premises If your petitioner was found forcibly evicted from the premises in question if she possessed the valid rent agreement and decision be made within two months from the date of receipt of this order. Read more

Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) 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 towards the main case, It is additionally a nicely-recognized 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 achieve a finding of fact or summary. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence while in 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 for the procedure provided under the relevant rules instead of 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 reach at its independent findings over the evidence.

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