Examine This Report on breach of condition case law pdf
Examine This Report on breach of condition case law pdf
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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 on the police would be to apprehend offenders, investigate crimes, and prosecute them before the Courts, also to prevent the commission of crime, and over all, guarantee regulation and order to protect citizens' lives and property. The law enjoins the police to get scrupulously fair towards the offender as well as the Magistracy is to make 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 topic of adverse comments from this Court as well as from other Courts, but they have failed to have any corrective effect on it.
In Dosso's case (1958), the Pakistan Supreme Court used jurist Hans Kelsen's theory that a revolution is usually justified when The fundamental norm underlying a Constitution disappears and also a new system is place in its place.
10 . Const. P. 235/2025 (S.B.) Atif S/o Latif V/S Province of Sindh and others Sindh High Court, Karachi The regulation enjoins the police to become scrupulously fair for the offender along with the Magistracy is to make certain 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 topic of adverse comments from this Court and from other courts but they have did not 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.
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2299 of 2025. The findings are pending finalization and will be submitted without delay. Additionally they stated that directives for strict compliance have been issued to all Karachi models, with non-compliance dealing with departmental action. Furthermore, they submitted that an existing enquiry is underway. Therefore, They're directed to complete the proceedings and submit the enquiry report to this court through MIT-II of this Court. 12. This petition stands disposed of in the above mentioned terms. Read more
Since the Supreme Court may be the final arbitrator of all cases where the decision continues to be arrived at, therefore the decision with the Supreme Court needs to become 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
Regulation professors traditionally have played a much smaller sized role in building case legislation in common legislation than professors in civil regulation. Because court decisions in civil regulation traditions are historically brief[four] instead of formally amenable to establishing precedent, much of the exposition from the law in civil legislation traditions is completed by lecturers relatively than by judges; this is called doctrine and should be published in treatises or in journals which include Recueil Dalloz in France. Historically, common regulation courts relied very little on legal scholarship; So, at the turn of the twentieth century, it absolutely was pretty rare to determine an instructional writer quoted within a legal decision (except Maybe for your academic writings of prominent judges such as Coke and Blackstone).
168 . H.C.A 203/2016 (D.B.) Saleh Muhammad V/S Faqir Muhammad & others Sindh High Court, Karachi Matter: Appeal At times it really is handy to get a Judge to dismiss the suit for non-prosecution, however, a Judge is get more info under the obligation to help make an attempt to dispose of a case on advantage and more importantly when after recording of evidence it's got reached to some stage of final arguments, endeavors should be made for benefit disposal when it's arrived at this kind of stage. Read more
161 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming into the main case, Additionally it is a properly-founded 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. Neither the technical rules nor proof of a fact or evidence within the Stricto-Sensu, apply to disciplinary proceedings. When the authority accepts that evidence and summary obtain support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty on the charge, however, that is subject matter to your procedure provided under the relevant rules instead of otherwise, with the reason that the Court in its power of judicial review does not work as appellate authority to re-appreciate the evidence and to reach at its independent findings around the evidence.
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162 . Const. P. 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others Sindh High Court, Karachi It can be effectively-settled that the civil servants must first go after internal appeals within ninety times. When the appeal is just not decided within that timeframe, he/she will be able to then solution the service tribunal to challenge the initial order. Once they do so, the Tribunal must decide the appeal on merits and cannot merely direct the department to decide it, since the 90 days with the department to act has already expired. On the aforesaid proposition, we are guided by the decision from the Supreme Court inside the case of Dr.
Any court might request to distinguish the present case from that of the binding precedent, to succeed in a different summary. The validity of such a distinction may or may not be accepted on appeal of that judgment into a higher court.
171 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It is well founded now that the provision for proforma promotion just isn't alien or unfamiliar to the civil servant service framework but it is already embedded in Fundamental Rule seventeen, wherein it's lucidly enumerated that the appointing authority may well if contented that a civil servant who was entitled to become promoted from a particular date was, for no fault of his very own, wrongfully prevented from rendering service towards the Federation/ province during the higher post, direct that these kinds of civil servant shall be paid the arrears of pay and allowances of these kinds of higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
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