Not known Facts About bail case law on sec 337 a ii ppc

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The police has the power to arrest a person even without obtaining a warrant of arrest from a court. The plenty 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. Read more

ten . Const. P. 235/2025 (S.B.) Atif S/o Latif V/S Province of Sindh and others Sindh High Court, Karachi The legislation enjoins the police being scrupulously fair to your offender as well as Magistracy is to be 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 in addition to from other courts However 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 necessary analysis (called ratio decidendi), then constitutes a precedent binding on other courts; further analyses not strictly necessary for the determination of your current case are called obiter dicta, which represent persuasive authority but are not technically binding. By contrast, decisions in civil law jurisdictions are generally shorter, referring only to statutes.[four]

This Court could interfere where the authority held the proceedings against the delinquent officer within a fashion inconsistent with the rules of natural justice or in violation of statutory rules prescribing the manner of inquiry or where the conclusion or finding attained via the disciplinary authority is based on no evidence. Should the summary or finding is including no reasonable person would have ever reached, the Court may interfere with the summary or perhaps the finding and mold the relief to make it proper towards the facts of each and every case. In service jurisprudence, the disciplinary authority is the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-appreciate the evidence or maybe the nature of punishment. To the aforesaid proposition, we're fortified through the decision from the Supreme Court inside the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more

Generally speaking, higher courts usually do not have direct oversight over the decrease courts of record, in that they cannot attain out on their initiative (sua sponte) at any time to overrule judgments with the decrease courts.

When the state court hearing the case reviews the law, he finds that, whilst it mentions large multi-tenant properties in some context, it really is actually fairly vague about whether the 90-working day provision applies to all landlords. The judge, based within the specific circumstances of Stacy’s case, decides that all landlords are held on the 90-working day notice need, and rules in Stacy’s favor.

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 place, and once a person becomes a major he or she can marry whosoever he/she likes; If your parents from the boy or Lady usually do not approve of these types of inter-caste or interreligious marriage the maximum they will do if they will Lower off social relations with the son or perhaps the daughter, but they cannot give threats or commit or instigate for acts of violence and cannot harass the person who undergoes this kind of inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or Female who is major undergoes inter-caste or inter-religious marriage with a woman or person who is a major, the pair is neither harassed by any one nor subjected to threats or acts of violence and anybody who offers such threats or harasses or commits acts of violence possibly himself check here or at his instigation, is taken to task by instituting criminal proceedings from the police against these persons and further stern action is taken against these person(s) as provided by legislation.

163 . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It is very well-settled that whilst thinking about the case of regular promotion of civil servants, the competent authority should evaluate the advantage of every one of the qualified candidates and after thanks deliberations, to grant promotion to these qualified candidates who are found to get most meritorious amongst them. Considering that the petitioner was held to generally be senior to his colleagues who were promoted in BS-19, the petitioner was overlooked through the respondent department just to increase favor to your blue-eyed candidate based on OPS, which is apathy within the part in the respondent department.

Summaries provide an essential glimpse into the intricate landscape of Environment and Climate Laws in Pakistan. Delving into this realm unveils a mosaic of regulations and procedures geared toward safeguarding natural resources, mitigating environmental degradation, and combating climate change.

182 . Const. P. 6025/2024 (D.B.) Dr. Pritam Das V/S Province of Sindh & Others Sindh High Court, Karachi So far as the stance of the respondents that pensionary benefits may be withheld on account of your allegations leveled against the petitioner, inside our view, section 20 from the Sindh Civil Servants Act of 1973 deals with the pension and gratuity that civil servants are entitled to. However, the act does deliver for certain circumstances under which a civil servant's pension could possibly be withheld or reduced. These contain if a civil servant is found guilty of misconduct or negligence during their service, their pension may very well be withheld or reduced. If a civil servant is convicted of a significant crime, their pension could be withheld or reduced. In a few cases, a civil servant's pension might be withheld or reduced if he/she fails to comply with certain conditions set because of the government.

The different roles of case law in civil and common regulation traditions create differences in the way in which that courts render decisions. Common regulation courts generally explain in detail the legal rationale behind their decisions, with citations of both legislation and previous relevant judgments, and infrequently interpret the wider legal principles.

8. With the reasons stated above, this court finds the petition to be without legal or factual foundation and therefore dismisses it. This court concurs with the respondents' position as contend from the comments, and their request is Hence acceded to. All pending applications, if any, also are dismissed. Read more

Criminal cases Inside the common law tradition, courts decide the regulation applicable into a case by interpreting statutes and making use of precedents which record how and why prior cases have been decided. In contrast to most civil regulation systems, common legislation systems follow the doctrine of stare decisis, by which most courts are bound by their own previous decisions in similar cases. According to stare decisis, all decreased courts should make decisions steady with the previous decisions of higher courts.