Top Guidelines Of kartar singh tpa 34 case law

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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 about the police and it must bear in mind, as held by this Court that if a person is arrested for just a crime, his constitutional and fundamental rights must not be violated. Read more

As the Supreme Court may be the final arbitrator of all cases where the decision has actually been attained, therefore the decision of the Supreme Court needs to become taken care of as directed in terms of Article 187(2) with the Constitution. ten. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more

The ruling in the first court created case legislation that must be accompanied by other courts until or Except if both new regulation is created, or possibly a higher court rules differently.

13 . Const. P. 209/2025 (S.B.) Saifullah Jamali (Disable) V/S Province of Sindh and others Sindh High Court, Karachi After arguing the matter at some length, both parties have agreed to the disposal of the moment petition on the premise that the DIGP Malir will hear the petitioner together with private respondents and will consider care of many of the facets of the case and be certain that no harassment shall be caused to both the parties.

Generally speaking, higher courts never have direct oversight over the lessen courts of record, in that they cannot reach out on their initiative (sua sponte) at any time to overrule judgments from the lessen courts.

116 . Cr.Misc. 787/2024 (S.B.) Muhammad Anwar V/S S.P Complaint Cell Hyderabad & Others Sindh High Court, Circuit at Hyderabad 2025 SHC HYD twelve Justice of your Peace u/s 22-A is just not obliged to afford a possibility of hearing for the accused party; nor obliged to essentially or mechanically issue directions for registration of FIR; but is needed to take into account all relevant factors, with care and caution; to avoid machinery of criminal regulation from being misused; frivolous complaints must be discouraged; relationship, enmity, transactions, litigation and other remedies, are a number of the relevant factors. Read more

Amir Abdul Majid, 2021 SCMR 420. twelve. There isn't any denial from the fact that in Government service it is anticipated that the persons getting their character above board, free from any moral stigma, are being inducted. Verification of character and antecedents is usually a condition precedent for appointment into a Government service. The candidates must have good character and provide two recent character certificates from unrelated individuals. What is discernible from the above is that the only impediment to being appointed to the Government service would be the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a way out or guise to complete absent with the candidature with the petitioner. Read more

ten. Without touching the merits in the case of the issue of yearly increases partnership case law within the pensionary emoluments of your petitioner, in terms of policy decision in the provincial government, such yearly increase, if permissible during the case of employees of KMC, calls for further assessment to get made with the court of plenary jurisdiction. KMC's reluctance due to funding issues and insufficient adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, necessitating the petitioner to go after other legal avenues. Read more

This Court may interfere where the authority held the proceedings against the delinquent officer in a manner inconsistent with the rules of natural justice or in violation of statutory rules prescribing the manner of inquiry or where the summary or finding arrived at via the disciplinary authority is based on no evidence. When the summary or finding is which include no reasonable person would have ever arrived at, the Court may well interfere with the conclusion or the finding and mildew the relief to make it proper towards the facts of each case. In service jurisprudence, the disciplinary authority will 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. Around the aforesaid proposition, we have been fortified with the decision of your Supreme Court while in 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(Writer) Source: Order: Downloads 337 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp

Therefore, this petition is hereby disposed of from the terms stated previously mentioned. However no harassment shall be caused to both party along with the case shall be decided from the competent court of legislation if pending. Read more

The appellate court determined that the trial court had not erred in its decision to allow more time for information to get gathered because of the parties – specifically regarding the issue of absolute immunity.

17 . 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 2025 SHC KHI 46 I have heard the learned counsel for your parties and perused the record with their assistance. I intentionally not making any detail comments as the issues of the matter between the parties pending adjudication before the concerned court with regard into the interim relief application in terms of Section seven(1) from the Illegal Dispossession Act 2005 at hand over possession on the subjected premises towards the petitioner; that Illegal Dispossession Case needs to become decided through the competent court after hearing the parties if pending because the petitioner has already sought a similar prayer within the Illegal Dispossession case and so far as the restoration of possession of concerned the trial court has got to see this part for interim custody of the subject premises In case 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. Read more

These judicial interpretations are distinguished from statutory legislation, which are codes enacted by legislative bodies, and regulatory regulation, which are founded by executive agencies based on statutes.

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