The best Side of pld case laws
The best Side of pld case laws
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It is additionally important to note that granting of seniority to the civil servant without the actual size of service practically violates the complete service framework being a civil servant inducted in Grade 17 by claiming these kinds of benefit without any experience be directly posted in almost any higher grade, which is neither the intention with the law nor in the equity. Read more
Given that the Supreme Court is the final arbitrator of all cases where the decision has been arrived at, therefore the decision of the Supreme Court needs for being taken care of as directed in terms of Article 187(two) on the Constitution. ten. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
The plenty of this power casts an obligation over 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. However it truly is made very clear that police is free to choose action against any person that is indulged in criminal activities subject to regulation. 8. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two months, address the alleged police misconduct. In case the officials are found culpable, departmental proceedings for their punishment must be initiated, and so they shall be assigned non-industry duties during the interim period. Read more
This is because transfer orders are typically considered within the administrative discretion from the employer. However, there may be exceptions in cases where the transfer is inspired by malice, personal vendetta, or discrimination against the employee, They could have grounds to challenge before the suitable forum. Read more
In order to preserve a uniform enforcement from the laws, the legal system adheres on the doctrine of stare decisis
In 1996, the Nevada Division of Child and Family Services (“DCFS”) removed a 12-year old boy from his home to protect him from the Awful physical and sexual abuse he experienced suffered in his home, also to prevent him from abusing other children in the home. The boy was placed within an unexpected emergency foster home, and was later shifted about within the foster care system.
eleven . Const. P. 1479/2024 (S.B.) Mst. Shir Bano and another V/S Province of Sindh and others Sindh High Court, Karachi Primarily, this is really a free and democratic state, and once a person becomes a major he or she can marry whosoever he/she likes; When the parents of your boy or Female tend not to approve of this sort of inter-caste or interreligious marriage the maximum they will do if they might cut off social relations with the son or perhaps the daughter, Nonetheless they cannot give threats or commit or instigate for acts of violence and cannot harass the person who undergoes these inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or girl that is major undergoes inter-caste or inter-religious marriage with a woman or man that is a major, the pair is neither harassed by any individual nor subjected to threats or acts of violence and anyone who offers such threats read more or harasses or commits acts of violence both himself or at his instigation, is taken to undertaking by instituting criminal proceedings with the police against these kinds of persons and further stern action is taken against this kind of person(s) as provided by regulation.
On June sixteen, 1999, a lawsuit was filed on behalf of the boy by a guardian advertisement litem, against DCFS, the social worker, along with the therapist. A similar lawsuit was also filed on behalf from the Roe’s victimized son by a different guardian advert litem. The defendants petitioned the trial court to get a dismissal based on absolute immunity, since they were all acting in their Careers with DCFS.
This Court may well 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 mode of inquiry or where the conclusion or finding arrived at from the disciplinary authority is based on no evidence. If your summary or finding is for example no reasonable person would have ever achieved, the Court may interfere with the conclusion or maybe the finding and mold the relief to make it correct 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. Around the aforesaid proposition, we have been fortified because of the decision with 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(Writer) Source: Order: Downloads 337 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
12 . 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 for being scrupulously fair towards the offender along with the 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 law and order situation have been the subject of adverse comments from this Court together with from other courts Nonetheless they have did not have any corrective effect on it.
In 1997, the boy was placed into the home of John and Jane Roe for a foster child. Even though the pair experienced two youthful children of their very own at home, the social worker didn't convey to them about the boy’s history of both being abused, and abusing other children. When she made her report to the court the following working day, the worker reported the boy’s placement in the Roe’s home, but didn’t mention that the couple had young children.
171 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It is very well set up now that the provision for proforma promotion is not alien or unfamiliar into the civil servant service structure however it is already embedded in Fundamental Rule 17, wherein it can be lucidly enumerated that the appointing authority may well if contented that a civil servant who was entitled to be promoted from a particular date was, for no fault of his personal, wrongfully prevented from rendering service to the Federation/ province inside the higher post, direct that this sort of civil servant shall be paid the arrears of pay back and allowances of these kinds of higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
Summaries provide a condensed overview of offences and their penalties, and also the procedural elements of prosecuting and punishing individuals accused of committing crimes.