A Secret Weapon For duty to avoid conflict of interest case law
A Secret Weapon For duty to avoid conflict of interest 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 with the police should be to apprehend offenders, investigate crimes, and prosecute them before the Courts, also to prevent the commission of crime, and over all, guarantee legislation and order to protect citizens' lives and property. The legislation enjoins the police being scrupulously fair to the offender and also the Magistracy is to guarantee 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 as well as from other Courts, but they have failed to 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 about the police and it must bear in mind, as held by this Court that if a person is arrested for the crime, his constitutional and fundamental rights must not be violated. Read more
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. 235/2025 (S.B.) Atif S/o Latif V/S Province of Sindh and others Sindh High Court, Karachi SHC Citation: SHC-252216 Tag:The law enjoins the police to become scrupulously fair for the offender as well as Magistracy is to make sure 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 along with from other courts Nevertheless 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 ruling with the first court created case legislation that must be followed by other courts till or Unless of course either new law is created, or a higher court rules differently.
184 . Const. P. 469/2022 (D.B.) Zain Ahmed V/S The I.G of Police and Others Sindh High Court, Karachi In the instant case, the guidelines as established forth would not utilize, given that the criminal Court hasn't convicted the petitioner, fairly he has actually been acquitted in the criminal charges based on evidence and it's nicely-settled law that once the civil servant is acquitted in the criminal case, then on this very charge he cannot be awarded in almost any punishment by the department and held him disqualified with the post because acquittal for all long run purposes. The aforesaid proposition is set at naught from the Supreme Court of Pakistan during the case with the District Police Officer Mainwali and a pair of others v.
Civil Courts retain jurisdiction over title disputes in partition matters. Agreement to sell does not confer title; it involves legal transfer of title. Agreement to sell must be manufactured and properly exhibited in evidence. Declining relief based on an unproduced and un-exhibited sale agreement is legally unsustainable. Read more
All executive and judicial authorities throughout Pakistan are obligated to act in assist of your Supreme Court, making certain the enforcement of its judgments. As being the Supreme Court is definitely the final arbitrator of all cases where the decision is achieved, the decision from the Supreme Court needs to be taken care of as directed in terms of Article 187(2) on the Constitution. Read more
We've been 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 via the Constitution and laws in the United States and this State.
161 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming to the main case, It is usually a very well-proven proposition of law 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 the fact or evidence while in the Stricto-Sensu, apply to disciplinary proceedings. When the authority accepts that evidence and summary get 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 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.
139 . Const. P. 288/2024 (D.B.) Engro Fertilizers Limited through Asad Shakil Khan V/S Full Bench of NIRC & others Sindh High Court, Bench at Sukkur Concerning the second issue of non-service of grievance notice. Under Section 33 with the Industrial Relations Ac1,2012 (lRA 2012), ifa grievance case law on rule of law notice is not really served, the grievance petition is usually dismissed. This is because service from the grievance notice is really a mandatory necessity as well as a precondition for filing a grievance petition. The legislation needs that a grievance notice be served on the employer before filing a grievance petition. This allows the employer to answer the grievance and attempt to resolve it amicably. In case the employer fails to reply or resolve the grievance, the employee can then file a grievance petition with the National Industrial Relations Commission CNIRC) In the event the organization is transprovincial.
In other circumstances as discussed supra pensionary benefits cannot be stopped on account of criminal charges after the retirement of two years; and, is violative in the legislation laid down because of the Supreme Court from the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. Hence, the competent authority of the parent department on the petitioner and also the Chief Secretary, Sindh, are liable to release the pensionary amount of your petitioner and pay out the pension amount and other ancillary benefits towards the petitioner to which He's entitled under the legislation within two months from the date of receipt of this order. The competent authority in the respondent is usually directed to recalculate the pensionary benefits with the petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more
10. Based to the findings from the inquiry committee, this petition is not deemed maintainable and is therefore liable for being dismissed, which is dismissed accordingly with pending application(s) if any. Read more
Preceding 4 tax years interpreted. It's not at all from the date of finalisation of audit but from the tax year involved. Read more
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 the main case, It is additionally a nicely-recognized proposition of law 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 the fact or evidence inside the Stricto-Sensu, utilize to disciplinary proceedings. When the authority accepts that evidence and conclusion acquire support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty on the charge, however, that is issue towards the procedure provided under the relevant rules rather than otherwise, for the reason that the Court in its power of judicial review does not act as appellate authority to re-take pleasure in the evidence and to arrive at its independent findings about the evidence.