A Review Of compromise criminal case but not fulfill pakistan case law
A Review Of compromise criminal case but not fulfill pakistan case law
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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, examine crimes, and prosecute them before the Courts, also to prevent the commission of crime, and higher than all, guarantee regulation and order to protect citizens' lives and property. The law enjoins the police to get scrupulously fair on the offender as well as 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 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.
Article 199 from the Constitution allows High Court intervention only when "no other satisfactory remedy is provided by legislation." It is actually nicely-settled that an aggrieved person must exhaust out there remedies before invoking High Court jurisdiction, regardless of whether These remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
However, decisions rendered with the Supreme Court of the United States are binding on all federal courts, and on state courts regarding issues of your Constitution and federal regulation.
We make no warranties or guarantees about the precision, completeness, or adequacy from the information contained on this site, or perhaps the information linked to within the state site. Some case metadata and case summaries were written with the help of AI, which can deliver inaccuracies. You should read the full case before relying on it for legal research purposes.
13. The Supreme Court has held that once the act of misconduct is founded plus the employee is found guilty after due process of regulation, it's the prerogative in the employer to decide the quantum of punishment, away from the different penalties provided in legislation. The casual or unpremeditated observation that the penalty imposed is just not proportionate with the seriousness on the act of misconduct just isn't sufficient nevertheless the order must show that the competent authority has applied its mind and exercised the discretion within a structured and lawful way. Read more
As the Supreme Court would be the final arbitrator of all cases where the decision has long been achieved, therefore the decision in the Supreme Court needs to get taken care of as directed in terms of Article 187(2) of the Constitution. ten. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
Summaries offer a concise insight into the realm of dispute resolution outside traditional court proceedings. In Pakistan, arbitration serves as a vital alternative for resolving commercial conflicts swiftly and successfully.
We are an independent branch of government constitutionally entrusted with the fair and just resolution of disputes in order to preserve the rule of law and also to protect the rights and liberties guaranteed with the Constitution and laws of the United States and this State.
On June 16, 1999, a lawsuit was filed on behalf in the boy by a guardian advert litem, against DCFS, the social worker, and also the therapist. A similar lawsuit was also filed on behalf of your Roe’s victimized son by a different guardian ad litem. The defendants petitioned the trial court for any dismissal based on absolute immunity, because they were all acting in their Employment with DCFS.
This Court might interfere where the authority held the proceedings against the delinquent officer in the way inconsistent with the rules of natural justice or more info in violation of statutory rules prescribing the manner of inquiry or where the summary or finding arrived at through the disciplinary authority is based on no evidence. In case the summary or finding is for instance no reasonable person would have ever reached, the Court may well interfere with the summary or the finding and mould the relief to really make it ideal to the facts of each and every case. In service jurisprudence, the disciplinary authority could be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-respect the evidence or maybe the nature of punishment. On the aforesaid proposition, we're fortified because of the decision on the Supreme Court from the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads 337 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
Consequently, this petition is hereby disposed of inside the terms stated previously mentioned. However no harassment shall be caused to both party plus the case shall be decided through the competent court of legislation if pending. Read more
If granted absolute immunity, the parties would not only be protected from liability from the matter, but couldn't be answerable in almost any way for their actions. When the court delayed making such a ruling, the defendants took their request into the appellate court.
We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site, or the information linked to within the state site. Some case metadata and case summaries were written with the help of AI, which can create inaccuracies. You should read the full case before counting on it for legal research purposes.
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) 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 to your main case, it is also a nicely-proven proposition of legislation 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 the fact or evidence during the Stricto-Sensu, apply to disciplinary proceedings. When the authority accepts that evidence and conclusion receive support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty from the charge, however, that is issue to the procedure provided under the relevant rules rather than otherwise, for that reason that the Court in its power of judicial review does not work as appellate authority to re-enjoy the evidence and to arrive at its independent findings about the evidence.