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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9 . 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 legislation enjoins the police for being scrupulously fair for the offender as well as 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 topic of adverse comments from this Court as well as from other courts but 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 good amount 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 to get a crime, his constitutional and fundamental rights must not be violated.
A decrease court may not rule against a binding precedent, regardless of whether it feels that it can be unjust; it may well only express the hope that a higher court or even the legislature will reform the rule in question. In the event the court thinks that developments or trends in legal reasoning render the precedent unhelpful, and wishes to evade it and help the regulation evolve, it may well possibly hold that the precedent is inconsistent with subsequent authority, or that it should be distinguished by some material difference between the facts with the cases; some jurisdictions allow for your judge to recommend that an appeal be completed.
ten . Const. P. 235/2025 (S.B.) Atif S/o Latif V/S Province of Sindh and others Sindh High Court, Karachi The law enjoins the police to be scrupulously fair to your offender along with 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 legislation and order situation have been the topic of adverse comments from this Court and also from other courts but 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.
Also, it might review an appeal of a decision for which it's granted certification. In addition to its legal authority, the Court holds limited political authority. It will review and finalize a decision by the New Jersey Redistricting Commission on redistricting congressional districts If your Commission cannot arrive at a decision.
149 . Const. P. 6193/2016 (D.B.) Syed Musawar Shah V/S M.D CSD and Ors Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the moment Petition under Article 199 in the Constitution based to the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued for the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement during the FIR lodged by FIA and while in the intervening period the respondent dismissed him from service where after he preferred petition No.
145 . Const. P. 3670/2023 (D.B.) Rehan Pervez V/S Fed. of Pakistan and Others Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the moment Petition under Article 199 of your Constitution based about the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued into the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement inside the FIR lodged by FIA and from the intervening period the respondent dismissed him from service where after he preferred petition No.
27 . Const. P. 4002/2011 (D.B.) Ibrahim Noor V/S Pakistan International Airways Corporation & Ors. Sindh High Court, Karachi Even, if a petitioner was acquitted inside of a criminal case following a conviction, in NAB Reference No. 20/2011, this does not automatically produce exoneration from departmental charges based within the same factual grounds. Though a writ under Article 199 is obtainable in specific limited situations, it is actually generally not the appropriate remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a full chance to cross-take a look at witnesses and present his/her defense but didn't persuade the department of his/her innocence.
Amir Abdul Majid, 2021 SCMR 420. 12. There isn't any denial from the fact that in Government service it is anticipated that the persons possessing their character previously mentioned board, free from any moral stigma, are for being inducted. Verification of character and antecedents can be 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 is that the only impediment to being appointed to some Government service may 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 accomplish away with the candidature from the petitioner. Read more
10. Without touching the merits on the case of your issue of annual increases within the pensionary emoluments of the petitioner, in terms of policy decision on the provincial government, such once-a-year increase, if permissible from the case of employees of KMC, requires further assessment being made by the court of plenary jurisdiction. KMC's reluctance due to funding issues and not enough adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, necessitating the petitioner to pursue other legal avenues. Read more
Summaries present an essential glimpse into the intricate landscape of Environment and Climate Laws in Pakistan. Delving into this realm unveils a mosaic of regulations and policies aimed at safeguarding natural resources, mitigating environmental degradation, and combating climate change.
Consequently, this petition is hereby disposed of in the terms stated above. However no harassment shall be caused to possibly party as well as the case shall be decided by the competent court of law if pending. Read more
Any court could request to distinguish the click here present case from that of a binding precedent, to achieve a different summary. The validity of such a distinction might or might not be accepted on appeal of that judgment to a higher court.
In determining whether employees of DCFS are entitled to absolute immunity, which is generally held by certain government officials performing within the scope of their employment, the appellate court referred to case law previously rendered on similar cases.
Free database for searching federal court dockets and documents pulled from PACER. Coverage will not be in depth, but this is a superb starting point. See Background section at bottom of RECAP website for more information.