A Secret Weapon For criminal law cases in malaysia
A Secret Weapon For criminal law cases in malaysia
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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 to get scrupulously fair to the offender as well as Magistracy is to ensure 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 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 lots of this power casts an obligation to the police and it must bear in mind, as held by this Court that if a person is arrested for your crime, his constitutional and fundamental rights must not be violated.
Article 199 on the Constitution allows High Court intervention only when "no other sufficient remedy is provided by legislation." It really is perfectly-settled that an aggrieved person must exhaust out there remedies before invoking High Court jurisdiction, regardless of whether Those people remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. 235/2025 (S.B.) Atif S/o Latif V/S Province of Sindh and others Sindh High Court, Karachi SHC Citation: SHC-252216 Tag:The regulation enjoins the police to be scrupulously fair for the offender as well as 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 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.
This ruling has conditions, and Because 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 mentioned facts and circumstances of the case, petitioners have not demonstrated a case for this court's intervention under Article 199 of the Constitution. Read more
As a result, the petition and any related applications are dismissed. The Petitioner has to go after his remedy through an appeal before the competent authority. If this sort of an appeal has not still been decided, it should be addressed. Following that decision, the Petitioner could then seek further recourse before the Service Tribunal. Read more
When there isn't any prohibition against referring to case law from a state other than the state in which the case is being heard, it holds little sway. Still, if there is not any precedent inside the home state, relevant case legislation from another state could possibly be viewed as from the court.
Summaries offer a concise insight into the realm of dispute resolution outside the house traditional court proceedings. In Pakistan, arbitration serves as a vital alternative for resolving commercial conflicts swiftly and efficiently.
The court system is then tasked with interpreting the regulation when it is unclear the way it relates to any provided situation, generally rendering judgments based on the intent of lawmakers as well as circumstances with the case at hand. These decisions become a guide for long term similar cases.
10. Without touching the merits of your case with the issue of yearly increases while in the pensionary emoluments with the petitioner, in terms of policy decision in the provincial government, these types of once-a-year increase, if permissible in the case of employees of KMC, requires further assessment being made from the court of plenary jurisdiction. KMC's reluctance resulting from funding issues and lack of adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, demanding the petitioner to go after other legal avenues. Read more
This Court might interfere where the authority held the proceedings against the delinquent officer inside a way inconsistent with the rules of natural justice or in violation of statutory rules prescribing the manner of inquiry or where the conclusion or finding achieved from the disciplinary authority is based on no evidence. If the conclusion or finding is like no reasonable person would have ever achieved, the Court may perhaps interfere with the summary or maybe the finding and mold the relief to make it suitable to your facts of each and every case. In service jurisprudence, the disciplinary authority is definitely the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-appreciate the evidence or the nature of punishment. Within the aforesaid proposition, we've been fortified because of the decision on the Supreme Court during 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(Creator) Source: Order: Downloads 337 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
Therefore, this petition is hereby disposed of during the terms stated higher than. However no harassment shall be caused to possibly party as well as the case shall be decided by the competent court of regulation if pending. Read more
The appellate court determined that the trial court had not erred in its decision to allow more time for information for being gathered through the parties – specifically regarding the issue of absolute immunity.
156 . Const. P. 1015/2021 (D.B.) Muhammad Saleem Jehangir V/S Province of Sindh and Others Sindh High Court, Karachi It's also important to note that neither seniority nor promotion is definitely the vested right of a civil servant, therefore, neither any seniority nor any promotion could be claimed or granted without the actual length of service on account of vested rights. The purpose of prescribing a particular duration of service for becoming entitled for being viewed as for promotion to some higher quality, of course, isn't without logic given that the officer who is to begin with inducted to some particular post needs to provide on the mentioned post to gain experience to hold the next higher post also to serve the public in a very befitting manner.
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi SHC Citation: SHC-225471 Tag:Coming to the main case, It's also a properly-proven proposition of legislation that when an inquiry is conducted on charges of misconduct by a public servant, the Court is concerned with determining whether the inquiry was held by a competent officer or whether rules of natural justice are complied with. Whether the findings or conclusions are based on some evidence, the authority entrusted with the power to hold inquiry has jurisdiction, power, and authority to succeed in a finding of fact or summary. But that finding must be based on some evidence. Neither important case laws the technical rules nor proof of the fact or evidence within the Stricto-Sensu, use to disciplinary proceedings. When the authority accepts that evidence and conclusion get support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty with the charge, however, that is matter on the procedure provided under the relevant rules rather than otherwise, with the reason that the Court in its power of judicial review does not work as appellate authority to re-take pleasure in the evidence and to reach at its independent findings within the evidence.