Examine This Report on breach of condition case law pdf
Examine This Report on breach of condition case law pdf
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The police has the power to arrest a person even without obtaining a warrant of arrest from a court. The loads 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. Read more
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Const. P. 5/2024 (S.B.) Mst. Nasira Khalique Thr. Ms. Seema Khalique V/S The Province of Sindh and others Sindh High Court, Karachi CITATION:2025 SHC KHI forty six SHC Citation: SHC-252218 Tag:I have listened to the acquired counsel for that parties and perused the record with their assistance. I intentionally not making any detail comments since the issues in the matter between the parties pending adjudication before the concerned court with regard to the interim relief application in terms of Section 7(one) of your Illegal Dispossession Act 2005 at hand over possession in the subjected premises into the petitioner; that Illegal Dispossession Case needs to get decided by the competent court after hearing the parties if pending given that the petitioner has already sought a similar prayer inside the Illegal Dispossession case and so far as the restoration of possession of concerned the trial court should see this aspect for interim custody of the topic premises When the petitioner was found forcibly evicted from the premises in question if she possessed the valid rent agreement and decision be made within two weeks from the date of receipt of this order.
Persuasive Authority – Prior court rulings that can be consulted in deciding a current case. It might be used to guide the court, but isn't binding precedent.
thirteen. The Supreme Court has held that as soon as the act of misconduct is set up plus the employee is found guilty after due process of legislation, it is the prerogative from the employer to decide the quantum of punishment, from the varied penalties provided in legislation. The casual or unpremeditated observation that the penalty imposed is just not proportionate with the seriousness in the act of misconduct just isn't ample although the order must show that the competent authority has applied its mind and exercised the discretion in a very structured and lawful method. Read more
The proposal appears to be reasonable and acceded to. During the meantime police shall remain neutral from the private dispute between the parties, however, if any on the individuals is indulged in criminal activity the police shall take prompt action against them under regulation. 5. The instant petition is disposed of in the above mentioned terms. Read more
All executive and judicial authorities throughout Pakistan are obligated to act in help of your Supreme Court, ensuring the enforcement of its judgments. As the Supreme Court will be the final arbitrator of all cases where the decision is achieved, the decision on the Supreme Court needs being taken care of as directed in terms of Article 187(two) on the Constitution. Read more
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Case regulation, also used interchangeably with common legislation, is a regulation that is based on precedents, that is the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. Case law uses the detailed facts of the legal case that have been resolved by courts or similar tribunals.
12. There is not any denial from the fact that in Government service it is anticipated that the persons having their character earlier mentioned board, free from any moral stigma, are to get inducted. Verification of character and antecedents is usually a condition precedent for appointment to your 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 will be the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a method out or guise to try and do away with the candidature of your petitioner. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 185 Order Date: fifteen-JAN-25 Approved for Reporting WhatsApp
twelve . Const. P. 245/2025 (S.B.) Qurban Ali S/o Qasim V/S Province of Sindh and others Sindh High Court, Karachi The law enjoins the police to get 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 legislation and order situation have been the topic of adverse comments from this Court as well as from other courts However they have did not have any corrective effect on it.
The reason for this difference is that these civil regulation jurisdictions adhere to some tradition that the reader should manage to deduce the logic from the decision as well as the statutes.[4]
eight. For your reasons stated above, this court finds the petition to generally be without legal or factual foundation and therefore dismisses it. This court concurs with the respondents' position as contend from the comments, and their request is So acceded to. All pending applications, if any, are dismissed. Read more
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) 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 the main case, It's also a properly-recognized 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 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 within the Stricto-Sensu, use to disciplinary proceedings. When the authority accepts that evidence and conclusion get support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty with the charge, however, that is subject matter into the procedure website provided under the relevant rules instead of otherwise, for the reason that the Court in its power of judicial review does not act as appellate authority to re-value the evidence and to arrive at its independent findings within the evidence.