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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Case regulation is specific into the jurisdiction in which it was rendered. For instance, a ruling in a California appellate court would not generally be used in deciding a case in Oklahoma.
10 . Const. P. 235/2025 (S.B.) Atif S/o Latif V/S Province of Sindh and others Sindh High Court, Karachi The legislation enjoins the police to become scrupulously fair towards the offender along with the Magistracy is to be sure 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 subject of adverse comments from this Court and from other courts but 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 a lot of this power casts an obligation about 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. However it is made distinct that police is free to consider action against any person who is indulged in criminal activities subject to law. 8. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two months, address the alleged police misconduct. Should the officials are found culpable, departmental proceedings for their punishment must be initiated, they usually shall be assigned non-area duties in the interim period. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Source: Order: Downloads 113 Order Date: 08-APR-25 Approved for Reporting WhatsApp
149 . Const. P. 6193/2016 (D.B.) Syed Musawar Shah V/S M.D CSD and Ors Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the instant Petition under Article 199 of your Constitution based about the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued for the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement while in the FIR lodged by FIA and from the intervening period the respondent dismissed him from service where after he preferred petition No.
Generally speaking, higher courts tend not to have direct oversight over the reduce courts of record, in that they cannot access out on their initiative (sua sponte) at any time to overrule judgments of your decrease courts.
27 . Const. P. 4002/2011 (D.B.) Ibrahim Noor V/S Pakistan International Airlines Corporation & Ors. Sindh High Court, Karachi Even, if a petitioner was acquitted in a very criminal case following a conviction, in NAB Reference No. 20/2011, this does not automatically lead to exoneration from departmental charges based around the same factual grounds. Although a writ under Article 199 is out there in specific limited situations, it truly is generally not the suitable remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a full chance to cross-analyze witnesses and present his/her defense but didn't influence the department of his/her innocence.
168 . H.C.A 203/2016 (D.B.) Saleh Muhammad V/S Faqir Muhammad & others Sindh High Court, Karachi Subject matter: Appeal At times it's convenient to get a Judge to dismiss the suit for non-prosecution, however, a Judge is under the obligation to produce an attempt to eliminate a case on benefit and more importantly when after recording of evidence it's got achieved to your stage of final arguments, endeavors should be made for merit disposal when it's arrived at this kind of stage. Read more
Only the written opinions from the Supreme Court along with the Court of Appeals are routinely accessible. Decisions with here the lower (trial) courts are not generally published or distributed.
Summaries offer concise explanations of legal principles and significant cases pertaining to land ownership, real estate transactions, property rights, and related matters, helping you in understanding the intricacies of land and property law.
162 . Const. P. 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others Sindh High Court, Karachi It really is perfectly-settled that the civil servants must first pursue internal appeals within 90 times. When the appeal is not decided within that timeframe, he/she can then strategy the service tribunal to challenge the initial order. Once they are doing so, the Tribunal must decide the appeal on merits and cannot merely direct the department to decide it, as being the 90 times for the department to act has already expired. Over the aforesaid proposition, we have been guided via the decision in the Supreme Court inside the case of Dr.
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156 . Const. P. 1015/2021 (D.B.) Muhammad Saleem Jehangir V/S Province of Sindh and Others Sindh High Court, Karachi It is also important to note that neither seniority nor promotion could be the vested right of a civil servant, therefore, neither any seniority nor any promotion may very well be claimed or granted without the actual length of service on account of vested rights. The purpose of prescribing a particular duration of service for becoming entitled to get considered for promotion into a higher quality, of course, just isn't without logic as the officer that is initially inducted into a particular post needs to provide within the claimed post to gain experience to hold the next higher post and to serve the public in a befitting way.
States also usually have courts that handle only a specific subset of legal matters, like family law and probate. Case law, also known as precedent or common law, will be the body of prior judicial decisions that guide judges deciding issues before them. Depending around the relationship between the deciding court and the precedent, case regulation can be binding or merely persuasive. For example, a decision via the U.S. Court of Appeals with the Fifth Circuit is binding on all federal district courts within the Fifth Circuit, but a court sitting down in California (whether a federal or state court) just isn't strictly bound to follow the Fifth Circuit’s prior decision. Similarly, a decision by 1 district court in New York will not be binding on another district court, but the original court’s reasoning may help guide the second court in achieving its decision. Decisions because of the U.S. Supreme Court are binding on all federal and state courts. Read more