case law for vcsst - An Overview
case law for vcsst - An Overview
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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 for being scrupulously fair into the offender along with 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 law and order situation have been the topic of adverse comments from this Court together 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 lots of this power casts an obligation on the police and it must bear in mind, as held by this Court that if a person is arrested for your crime, his constitutional and fundamental rights must not be violated.
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 make certain regulation and order to protect citizen???s life and property. Read more
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Const. P. 235/2025 (S.B.) Atif S/o Latif V/S Province of Sindh and others Sindh High Court, Karachi SHC Citation: SHC-252216 Tag:The regulation enjoins the police being scrupulously fair into the offender as well as the Magistracy is to guarantee 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 law and order situation have been the topic of adverse comments from this Court along with from other courts Nevertheless 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.
Commonly, the burden rests with litigants to appeal rulings (including These in very clear violation of proven case legislation) towards the higher courts. If a judge acts against precedent, along with the case just isn't appealed, the decision will stand.
The Supreme Court's explanation from Fida Muhammad v. Government of Khyber Pakhtunkhwa and others (2021 SCMR 1895), Plainly distinguished between up-gradation and promotion. Promotion includes a move into a higher position with increased responsibilities and rank. Upgradation, around the other hand, presents financial relief by putting an employee in a higher shell out scale, without changing their task duties or position. It's a mechanism designed to address the stagnation of employees who have remained while in the same pay back scale for a long time, particularly when they absence possibilities for promotion. Upgradation is usually a policy Resource used to ease the hardship of lengthy-term stagnation. Read more
When there is not any prohibition against referring to case regulation from a state other than the state in which the case is being listened to, it holds tiny sway. Still, if there is no precedent during the home state, relevant case regulation from another state could possibly be regarded as through the court.
116 . Cr.Misc. 787/2024 (S.B.) Muhammad Anwar V/S S.P Complaint Cell Hyderabad & Others Sindh High Court, Circuit at Hyderabad 2025 SHC HYD 12 Justice from the Peace u/s 22-A isn't obliged to afford an opportunity of hearing towards the accused party; nor obliged to essentially or mechanically issue directions for registration of FIR; but is needed to take into account all relevant factors, with care and caution; to avoid equipment of criminal law from being misused; frivolous complaints must be discouraged; relationship, enmity, transactions, litigation and other remedies, are a few of the relevant factors. Read more
Amir Abdul Majid, 2021 SCMR 420. 12. There is no denial from the fact that in Government service it is anticipated that the persons acquiring their character earlier mentioned board, free from any moral stigma, are being inducted. Verification of character and antecedents is a condition precedent for appointment to the Government service. The candidates must have good character and provide two recent character certificates from unrelated individuals. What is discernible from the above mentioned is that the only impediment to being appointed into a Government service would be the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a way out or guise to accomplish away with the candidature of the petitioner. Read more
On June 16, 1999, a lawsuit was filed on behalf with the boy by a guardian ad litem, against DCFS, the social worker, and the therapist. A similar lawsuit was also filed on behalf with the Roe’s victimized son by a different guardian ad litem. The defendants petitioned the trial court to get a dismissal based on absolute immunity, because they were all performing in their Work opportunities with DCFS.
twelve. There is no denial from the fact that in Government service it is predicted that the persons obtaining their character over board, free from any moral stigma, are to be inducted. Verification of character and antecedents is really a condition precedent for appointment to the 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 into a Government service would be the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a way out or guise to accomplish absent with the candidature in the petitioner. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Source: Order: Downloads 185 Order Date: fifteen-JAN-twenty five Approved for Reporting WhatsApp
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 on the law laid down from the Supreme Court during the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. Thus, the competent authority from the parent department on the petitioner and also the Chief Secretary, Sindh, are liable to release the pensionary amount with the petitioner and pay the pension amount and other ancillary benefits towards 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 your respondent can be directed to recalculate the pensionary benefits on the petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping read more to date. Read more
If granted absolute immunity, the parties would not only be protected from liability in the matter, but couldn't be answerable in any way for their actions. When the court delayed making this type of ruling, the defendants took their request for the appellate court.
Because the Supreme Court could be the final arbitrator of all cases where the decision has been achieved, therefore the decision with the Supreme Court needs to become taken care of as directed in terms of Article 187(2) from the Constitution. ten. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
Criminal cases From the common regulation tradition, courts decide the law applicable to the case by interpreting statutes and applying precedents which record how and why prior cases have been decided. Not like most civil regulation systems, common law systems Keep to the doctrine of stare decisis, by which most courts are bound by their personal previous decisions in similar cases. According to stare decisis, all reduced courts should make decisions reliable with the previous decisions of higher courts.