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 law Case legislation is regulation that is based on judicial decisions relatively than law based on constitutions , statutes , or regulations . Case legislation concerns exceptional disputes resolved by courts using the concrete facts of a case. By contrast, statutes and regulations are written abstractly. Case law, also used interchangeably with common legislation , refers back to the collection of precedents and authority established by previous judicial decisions on the particular issue or subject.
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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 to become scrupulously fair on the offender as well as 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 However 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 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 a crime, his constitutional and fundamental rights must not be violated. However it can be made obvious that police is free to choose action against any person that is indulged in criminal activities topic to regulation. eight. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two months, address the alleged police misconduct. In the event the officials are found culpable, departmental proceedings for their punishment must be initiated, they usually shall be assigned non-subject duties within the interim period. Read more
The Supreme Court's explanation from Fida Muhammad v. Government of Khyber Pakhtunkhwa and others (2021 SCMR 1895), Obviously distinguished between up-gradation and promotion. Promotion consists of a move to a higher position with increased responsibilities and rank. Upgradation, within the other hand, supplies financial relief by inserting an employee inside of a higher pay out scale, without transforming their position duties or position. It is a mechanism designed to address the stagnation of employees who have remained inside the same shell out scale for a lengthy time, particularly when they lack options for promotion. Upgradation can be a policy Device used to reduce the hardship of extensive-term stagnation. Read more
Although there isn't any prohibition against referring to case regulation from a state other than the state in which the case is being heard, it holds small sway. Still, if there isn't any precedent during the home state, relevant case legislation from another state may very well be viewed as because of the court.
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. twenty/2011, this does not automatically result in exoneration from departmental charges based over the same factual grounds. Even though a writ under Article 199 is out there in specific limited situations, it really is generally not the suitable remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a full possibility to cross-look at witnesses and present his/her defense but did not persuade the department of his/her innocence.
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 is actually a free and democratic country, and once a person becomes a major he / she can marry whosoever he/she likes; In case the parents of the boy or Lady tend not to approve of this sort of inter-caste or interreligious marriage the most they could do if they could Reduce off social relations with the son or perhaps the daughter, but they cannot give threats or commit or instigate for acts of violence and cannot harass the person who undergoes these 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 person who's a major, the pair is neither harassed by any person nor subjected to threats or acts of violence and read more anybody who gives these threats or harasses or commits acts of violence either himself or at his instigation, is taken to undertaking by instituting criminal proceedings from the police against these persons and further stern action is taken against this sort of person(s) as provided by regulation.
On June sixteen, 1999, a lawsuit was filed on behalf of the boy by a guardian advertisement litem, against DCFS, the social worker, as well as therapist. A similar lawsuit was also filed on behalf in the Roe’s victimized son by a different guardian advert litem. The defendants petitioned the trial court for a dismissal based on absolute immunity, because they were all performing in their Work opportunities with DCFS.
Matter:-PROTECTION Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. 114/2025 (S.B.) Mst. Zoya and another V/S The Province of Sindh and others Sindh High Court, Karachi SHC Citation: SHC-251830 Tag:Additionally, the main objectives of your police is to apprehend offenders, examine crimes, and prosecute them before the Courts, also to prevent the commission of crime, and over all, ensure regulation and order to protect citizens' lives and property. The legislation enjoins the police to become scrupulously fair for the offender and the Magistracy is to be certain 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 legislation and order situation have been the subject of adverse comments from this Court together with from other Courts, However they have failed to have any corrective effect on it.
182 . Const. P. 6025/2024 (D.B.) Dr. Pritam Das V/S Province of Sindh & Others Sindh High Court, Karachi As far as the stance from the respondents that pensionary benefits could possibly be withheld on account of your allegations leveled against the petitioner, within our view, section 20 in the Sindh Civil Servants Act of 1973 deals with the pension and gratuity that civil servants are entitled to. However, the act does provide for certain circumstances under which a civil servant's pension could possibly be withheld or reduced. These involve if a civil servant is found guilty of misconduct or negligence during their service, their pension could be withheld or reduced. If a civil servant is convicted of a serious crime, their pension could possibly be withheld or reduced. In certain cases, a civil servant's pension may be withheld or reduced if he/she fails to comply with certain conditions set with the government.
Statutory laws are those created by legislative bodies, including Congress at both the federal and state levels. When this variety of law strives to shape our society, delivering rules and guidelines, it would be difficult for virtually any legislative body to anticipate all situations and legal issues.
171 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It is actually properly recognized now that the provision for proforma promotion just isn't alien or unfamiliar to the civil servant service framework but it's already embedded in Fundamental Rule 17, wherein it truly is lucidly enumerated that the appointing authority may if glad that a civil servant who was entitled to be promoted from a particular date was, for no fault of his own, wrongfully prevented from rendering service to the Federation/ province while in the higher post, direct that this kind of civil servant shall be paid the arrears of shell out and allowances of this sort of higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
Summaries supply a condensed overview of offences and their penalties, along with the procedural facets of prosecuting and punishing individuals accused of committing crimes.