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 is always to apprehend offenders, examine crimes, and prosecute them before the Courts, also to prevent the commission of crime, and earlier mentioned all, assure regulation and order to protect citizens' lives and property. The regulation enjoins the police to be scrupulously fair for the offender plus the Magistracy is to make certain 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 legislation and order situation have been the subject of adverse comments from this Court and also from other Courts, Nevertheless they have didn't have any corrective effect on it.

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14. From the light on the position explained previously mentioned, it can be concluded that a civil servant contains a fundamental right to become 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 very own and In the meantime he retired on attaining the age of superannuation without any shortcoming on his part about deficiency during the size of service or from 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(Writer) Source: Order: Downloads 433 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp

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 constitute persuasive authority but aren't technically binding. By contrast, decisions in civil regulation jurisdictions are generally shorter, referring only to statutes.[four]

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Civil Courts keep jurisdiction over title disputes in partition matters. Agreement to sell does not confer title; it calls for legal transfer of title. Agreement to sell must be created and properly exhibited in evidence. Declining relief based on an unproduced and un-exhibited sale agreement is legally unsustainable. Read more

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Amir Abdul Majid, 2021 SCMR 420. 12. There is no denial from the fact that in Government service it is expected that the persons having their character above board, free from any moral stigma, are to become inducted. Verification of character and antecedents is actually a condition precedent for appointment to some 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 the Government service is definitely the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a method out or guise to carry out absent with the candidature with the petitioner. Read more

ten. Without touching the merits with the case of your issue of yearly increases from the pensionary emoluments in the petitioner, in terms of policy decision in the provincial government, this sort of annual increase, if permissible inside the case of employees of KMC, involves further assessment for being made via the court of plenary jurisdiction. KMC's reluctance as a result of funding issues and check here deficiency of adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, requiring the petitioner to pursue other legal avenues. Read more

Article 199 with the Constitution allows High Court intervention only when "no other enough remedy is provided by regulation." It's very well-settled that an aggrieved person must exhaust available remedies before invoking High Court jurisdiction, regardless of whether People remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more

This page contains slip opinions. Slip opinions would be the opinions that are filed to the working day that the appellate court issues its decision and are frequently not the court's final opinion.

Summaries of cases that form the lives of younger individuals, making certain a deeper understanding of justice within the juvenile system. Knowledge that matters, crafted for legal professionals and fans alike.

156 . Const. P. 1015/2021 (D.B.) Muhammad Saleem Jehangir V/S Province of Sindh and Others Sindh High Court, Karachi It is additionally important to note that neither seniority nor promotion could be the vested right of the civil servant, therefore, neither any seniority nor any promotion may be claimed or granted without the actual size of service on account of vested rights. The purpose of prescribing a particular size of service for turning out to be entitled for being considered for promotion to the higher quality, of course, is not really without logic since the officer that is originally inducted to some particular post needs to serve to the stated post to gain experience to hold the next higher post and to provide the public in a very befitting way.

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