What Does case law property sale on special power of attorney Mean?
What Does case law property sale on special power of attorney Mean?
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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 regulation enjoins the police to become scrupulously fair to the offender along with 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 together with from other courts but 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 loads 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.
How much sway case legislation holds might change by jurisdiction, and by the exact circumstances of your current case. To discover this concept, take into account the following case law definition.
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Const. P. 1479/2024 (S.B.) Mst. Shir Bano and another V/S Province of Sindh and others Sindh High Court, Karachi SHC Citation: SHC-252214 Tag:Primarily, this is often a free and democratic region, and once a person becomes a major he / she can marry whosoever he/she likes; if the parents on the boy or girl usually do not approve of such inter-caste or interreligious marriage the utmost they will do if they are able to Slash off social relations with the son or maybe the daughter, However they cannot give threats or commit or instigate for acts of violence and cannot harass the person who undergoes these kinds of inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or girl that is major undergoes inter-caste or inter-religious marriage with a woman or man that is a major, the pair is neither harassed by any person nor subjected to threats or acts of violence and anybody who presents these threats or harasses or commits acts of violence possibly himself or at his instigation, is taken to job by instituting criminal proceedings through the police against these kinds of persons and further stern action is taken against this kind of person(s) as provided by legislation.
Generally, the burden rests with litigants to appeal rulings (such as People in very clear violation of proven case legislation) towards the higher courts. If a judge acts against precedent, as well as the case is just not appealed, the decision will stand.
Therefore, the petition and any related applications are dismissed. The Petitioner must go after his remedy through an appeal before the competent authority. If this kind of an appeal hasn't nevertheless been decided, it should be addressed. Following that decision, the Petitioner may perhaps then find further recourse before the Service Tribunal. Read more
The proposal is apparently reasonable and acceded to. Within the meantime police shall remain neutral in the private dispute between the parties, however, if any on the individuals is indulged in criminal action the police shall acquire prompt action against them under regulation. 5. The instant petition is disposed of in the above terms. Read more
In the United States, courts exist on both the federal and state levels. The United States Supreme Court may be the highest court during the United States. Reduce courts around the federal level contain the U.S. Courts of Appeals, U.S. District Courts, the U.S. Court of Claims, as well as the U.S. Court of International Trade and U.S. Bankruptcy Courts. Federal courts hear cases involving matters related to the United States Constitution, other federal laws and regulations, and certain matters that require parties from different states or countries and large sums of money in dispute. Every state has its personal judicial system that contains trial and appellate courts. The highest court in Just about every state is commonly referred to because the “supreme” court, Though there are some exceptions to this rule, for example, the website New York Court of Appeals or even the Maryland Court of Appeals. State courts generally hear cases involving state constitutional matters, state law and regulations, Even though state courts might also generally hear cases involving federal laws.
However it is made obvious that police is free to just take action against any person who's indulged in criminal activities topic to regulation. However no harassment shall be caused to your petitioner, if she acts within the bonds of law. Police shall also make sure regard of the family drop in accordance with law and when they have reasonable ground to prevent the congnizable offence they will act, as far as raiding the house is concerned the police shall safe concrete evidence and procure necessary permission from the concerned high police official/Magistrate being a issue of security with the house is concerned, which isn't public place under the Act 1977. 9. Thinking of the aforementioned details, the objective of filing this petition has been attained. As a result, this petition is hereby disposed of within the terms stated previously mentioned. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 40 Order Date: 08-APR-25 Approved for Reporting WhatsApp
163 . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It truly is nicely-settled that although taking into consideration the case of regular promotion of civil servants, the competent authority must look at the merit of all the qualified candidates and after thanks deliberations, to grant promotion to these kinds of suitable candidates who will be found being most meritorious among them. Since the petitioner was held to be senior to his colleagues who were promoted in BS-19, the petitioner was ignored with the respondent department just to increase favor to your blue-eyed candidate based on OPS, which is apathy over the part of the respondent department.
This Court may perhaps interfere where the authority held the proceedings against the delinquent officer inside of a fashion inconsistent with the rules of natural justice or in violation of statutory rules prescribing the manner of inquiry or where the summary or finding reached from the disciplinary authority is based on no evidence. Should the summary or finding is such as no reasonable person would have ever arrived at, the Court may possibly interfere with the conclusion or perhaps the finding and mold the relief to really make it correct into the facts of each 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-respect the evidence or perhaps the nature of punishment. About the aforesaid proposition, we've been fortified via the decision in the Supreme Court from 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(Author) Source: Order: Downloads 337 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
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In determining whether employees of DCFS are entitled to absolute immunity, which is generally held by certain government officials performing within the scope of their employment, the appellate court referred to case law previously rendered on similar cases.
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) 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 towards the main case, Additionally it is a perfectly-established proposition of law 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 achieve a finding of fact or summary. But that finding must be based on some evidence. Neither the technical rules nor proof of the fact or evidence from the Stricto-Sensu, utilize to disciplinary proceedings. When the authority accepts that evidence and conclusion obtain support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty on the charge, however, that is matter to your 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-respect the evidence and to reach at its independent findings around the evidence.