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 on the offender plus 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 subject of adverse comments from this Court as well as 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 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 a crime, his constitutional and fundamental rights must not be violated.
How much sway case legislation holds may differ by jurisdiction, and by the precise circumstances of your current case. To investigate this concept, consider the following case law definition.
14. Inside the light of your position explained higher than, it's concluded that a civil servant provides a fundamental right to be promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but couldn't be thought of for no fault of his individual and In the meantime he retired on attaining the age of superannuation without any shortcoming on his part about deficiency in the length of service or while in the form of inquiry and departmental action was so taken against his right of promotion. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads 433 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
This ruling has conditions, and Considering that the petitioners failed a qualifying Examination, they cannot claim equity or this Court's jurisdiction based over the Niazi case analogy. nine. In view of the above facts and circumstances with the case, petitioners have not demonstrated a case for this court's intervention under Article 199 on the Constitution. Read more
The Supreme Court's explanation from Fida Muhammad v. Government of Khyber Pakhtunkhwa and others (2021 SCMR 1895), Plainly distinguished between up-gradation and promotion. Promotion involves a move into a higher position with increased responsibilities and rank. Upgradation, over the other hand, delivers financial relief by placing an employee in a very higher spend scale, without changing their work duties or position. It is a system designed to address the stagnation of employees who have remained in the same spend scale for an extended time, particularly when they deficiency opportunities for promotion. Upgradation is actually a policy Software used to ease the hardship of long-term stagnation. Read more
In order to preserve a uniform enforcement in the laws, the legal system adheres into the doctrine of stare decisis
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On June 16, 1999, a lawsuit was filed on behalf in the boy by a guardian advert litem, against DCFS, the social worker, as well as the therapist. A similar lawsuit was also filed on behalf of the Roe’s victimized son by a different guardian advertisement litem. The defendants petitioned the trial court for your dismissal based on absolute immunity, as they were all acting in their Careers with DCFS.
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Under Article 199, the court possesses the authority to review government guidelines for reasonableness if applicable in respondent university also to safeguard aggrieved parties' rights. Consequently, this petition is admissible here based on proven court precedents, and the respondents' objections are overruled. Read more
If granted absolute immunity, the parties would not only be protected from liability in the matter, but could not be answerable in any way for their actions. When the court delayed making such a ruling, the defendants took their request to the appellate court.
156 . Const. P. 1015/2021 (D.B.) Muhammad Saleem Jehangir V/S Province of Sindh and Others Sindh High Court, Karachi It is also important to note that neither seniority nor promotion would be the vested right of the civil servant, therefore, neither any seniority nor any promotion can be claimed or granted without the actual duration of service on account of vested rights. The purpose of prescribing a particular size of service for turning out to be entitled for being regarded as for promotion to some higher grade, of course, is not really without logic given that the officer that is originally inducted into a particular post needs to serve on the claimed post to gain experience to hold the next higher post and also to serve the public within a befitting fashion.
Therefore, this petition is found being not maintainable and it is dismissed along with the pending application(s), as well as petitioners could request remedies through the civil court process as discussed supra. Read more