5 Simple Statements About case laws on 493 crpc pakistan Explained
5 Simple Statements About case laws on 493 crpc pakistan Explained
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nine . Const. P. 255/2025 (S.B.) Zubaida W/O Muhammad Irfan V/S Inspector General of Police (IGP) Sindh and others Sindh High Court, Karachi The regulation enjoins the police to generally be scrupulously fair towards the offender and also 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 subject of adverse comments from this Court and from other courts Nonetheless 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 a lot of this power casts an obligation within the police and it must bear in mind, as held by this Court that if a person is arrested for any crime, his constitutional and fundamental rights must not be violated.
The main objectives of police should be to apprehend offenders, investigate crimes, and prosecute them before the cours also to prevent to commission of crime, and above all assure regulation and order to protect citizen???s life and property. Read more
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) 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 read the learned counsel to the parties and perused the record with their assistance. I intentionally not making any detail comments as the issues on the matter between the parties pending adjudication before the concerned court with regard into the interim relief application in terms of Section 7(one) on the Illegal Dispossession Act 2005 handy over possession from the subjected premises for the petitioner; that Illegal Dispossession Case needs to generally be decided through the competent court after hearing the parties if pending given that the petitioner has already sought a similar prayer within the Illegal Dispossession case and as far as the restoration of possession of concerned the trial court has got to see this aspect for interim custody of the subject premises If your 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.
Acquittal nullifies prior guilt and fortifies petitioners' eligibility for appointment. No juridical impediment to appointment following acquittal. Equivalence of acquittals under compromise and criminal procedure code, as well as the role of "badal-i-sulh" in restorative justice. Distinction between probationary release and acquittal. Probationary release as being a legally recognized conviction. Read more
Therefore, this petition is found to generally be not maintainable and it is dismissed along with the pending application(s), as well as petitioners may request remedies through the civil court process as discussed supra. Read more
Most of the volumes (including more recent volumes than the library's holdings) may also be accessible online through the Caselaw Access Project.
116 . Cr.Misc. 787/2024 (S.B.) Muhammad Anwar V/S S.P Complaint Mobile Hyderabad & Others Sindh High Court, Circuit at Hyderabad 2025 SHC HYD 12 Justice on the Peace u/s 22-A is not really obliged to afford a possibility of hearing for the accused party; nor obliged to automatically or mechanically issue directions for registration of FIR; but is needed to take into account all relevant factors, with care and caution; to avoid equipment of criminal legislation from being misused; frivolous complaints must be discouraged; relationship, enmity, transactions, litigation and other remedies, are many of the relevant factors. Read more
168 . H.C.A 203/2016 (D.B.) Saleh Muhammad V/S Faqir Muhammad & others Sindh High Court, Karachi Topic: Appeal At times it truly is effortless for the Judge to dismiss the suit for non-prosecution, however, a Judge is under the obligation to help make an attempt to dispose of a case on merit and more importantly when after recording of evidence it's achieved to a stage of final arguments, endeavors should be made for merit disposal when it has achieved such 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 to your main case, Additionally it is a more info effectively-set up 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 conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence in the Stricto-Sensu, implement 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 of your charge, however, that is issue to your procedure provided under the relevant rules and never otherwise, for the reason that the Court in its power of judicial review does not work as appellate authority to re-take pleasure in the evidence and to arrive at its independent findings over the evidence.
twelve. There is no denial from the fact that in Government service it is predicted that the persons owning their character previously mentioned board, free from any moral stigma, are for being inducted. Verification of character and antecedents is often a condition precedent for appointment to some Government service. The candidates must have good character and supply 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 complete absent with the candidature in the 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: 15-JAN-twenty five Approved for Reporting WhatsApp
Under Article 199, the court possesses the authority to review government policies for reasonableness if applicable in respondent university also to safeguard aggrieved parties' rights. As a result, this petition is admissible based on recognized court precedents, and the respondents' objections are overruled. Read more
If granted absolute immunity, the parties would not only be protected from liability inside the matter, but could not be answerable in any way for their actions. When the court delayed making this type of ruling, the defendants took their request to your appellate court.
Since the Supreme Court will be the final arbitrator of all cases where the decision has been arrived at, therefore the decision on the Supreme Court needs to become taken care of as directed in terms of Article 187(2) of the Constitution. 10. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
States also generally have courts that manage only a specific subset of legal matters, for example family regulation and probate. Case legislation, also known as precedent or common legislation, will be the body of prior judicial decisions that guide judges deciding issues before them. Depending around the relationship between the deciding court as well as precedent, case regulation could possibly be binding or merely persuasive. For example, a decision through the U.S. Court of Appeals for your Fifth Circuit is binding on all federal district courts within the Fifth Circuit, but a court sitting in California (whether a federal or state court) is not really strictly bound to Keep to the Fifth Circuit’s prior decision. Similarly, a decision by one particular district court in Ny isn't binding on another district court, but the first court’s reasoning could help guide the second court in achieving its decision. Decisions through the U.S. Supreme Court are binding on all federal and state courts. Read more