Indicators on case laws on sub agent You Should Know
Indicators on case laws on sub agent You Should Know
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In Dosso's case (1958), the Pakistan Supreme Court used jurist Hans Kelsen's theory that a revolution could be justified when The fundamental norm underlying a Constitution disappears and also a new system is set in its place.
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 on the offender as well as the 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 regulation and order situation have been the subject of adverse comments from this Court together with from other courts Nevertheless they have did not 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 on the police and it must bear in mind, as held by this Court that if a person is arrested for any crime, his constitutional and fundamental rights must not be violated. However it is made crystal clear that police is free to get action against any person that's indulged in criminal activities subject matter to law. eight. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two weeks, address the alleged police misconduct. Should the officials are found culpable, departmental proceedings for their punishment must be initiated, and so they shall be assigned non-field duties within the interim period. Read more
Consequently, the petition and any related applications are dismissed. The Petitioner has to go after his remedy through an appeal before the competent authority. If these kinds of an appeal hasn't still been decided, it should be addressed. Following that decision, the Petitioner may then search for further recourse before the Service Tribunal. Read more
one hundred forty five . 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 instant Petition under Article 199 on the Constitution based around the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued on the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement from the FIR lodged by FIA and in the intervening period the respondent dismissed him from service where after he preferred petition No.
Law professors traditionally have played a much smaller sized role in building case legislation in common legislation than professors in civil legislation. Because court decisions in civil legislation traditions are historically brief[four] and not formally amenable to establishing precedent, much in the exposition on the legislation in civil legislation traditions is finished by academics rather than by judges; this is called doctrine and may be published in treatises or in journals like Recueil Dalloz in France. Historically, common legislation courts relied minor on legal scholarship; Consequently, for the turn of your twentieth century, it absolutely was pretty scarce to see an academic writer quoted in a legal decision (except perhaps for your academic writings of popular judges which include Coke and Blackstone).
However it is actually made distinct that police is free to get action against any person that is indulged in criminal activities subject to law. However no harassment shall be caused for the petitioner, if she acts within the bonds of legislation. Police shall also assure regard of the family shed in accordance with law and whenever they have reasonable ground to prevent the congnizable offence they will act, as far as raiding the house is concerned the police shall protected concrete evidence and obtain necessary permission from the concerned high police official/Magistrate like a issue of security on the house is concerned, which is not really public place under the Act 1977. nine. Considering the aforementioned details, the objective of filing this petition continues to be reached. For that reason, this petition is hereby disposed of during the terms stated earlier mentioned. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads forty Order Date: 08-APR-25 Approved for Reporting WhatsApp
10. Without touching the merits on the case of your issue of annual increases inside the pensionary emoluments on the petitioner, in terms of policy decision of your provincial government, this sort of yearly increase, if permissible while in the case of employees of KMC, necessitates further assessment to become made with the court of plenary jurisdiction. KMC's reluctance due to funding issues here and lack of 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
twelve. There isn't any denial from the fact that in Government service it is predicted that the persons owning their character earlier mentioned board, free from any moral stigma, are to become inducted. Verification of character and antecedents is really 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 the Government service would 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 complete absent with the candidature of the petitioner. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads 185 Order Date: 15-JAN-25 Approved for Reporting WhatsApp
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Therefore, this petition is found to get not maintainable and is particularly dismissed along with the pending application(s), along with the petitioners may perhaps find remedies through the civil court process as discussed supra. Read more