case law air 1964 ker 277 - An Overview
case law air 1964 ker 277 - An Overview
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Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) 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 law enjoins the police being scrupulously fair towards the offender and also the Magistracy is to be 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 regulation and order situation have been the subject of adverse comments from this Court in addition to from other courts but 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 plenty of this power casts an obligation around the police and it must bear in mind, as held by this Court that if a person is arrested for just a crime, his constitutional and fundamental rights must not be violated. However it is actually made clear that police is free to take action against any person that's indulged in criminal activities matter to legislation. 8. 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, they usually shall be assigned non-industry duties while in the interim period. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Source: Order: Downloads 113 Order Date: 08-APR-twenty five Approved for Reporting WhatsApp
13. The Supreme Court has held that once the act of misconduct is recognized along with the employee is found guilty after because of process of law, it is the prerogative with the employer to decide the quantum of punishment, away from the assorted penalties provided in law. The casual or unpremeditated observation that the penalty imposed is not really proportionate with the seriousness with the act of misconduct is just not satisfactory but the order must show that the competent authority has applied its mind and exercised the discretion inside of a structured and lawful method. Read more
Civil Courts keep jurisdiction over title disputes in partition matters. Agreement to sell does not confer title; it demands legal transfer of title. Agreement to sell must be manufactured 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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The court system is then tasked with interpreting the legislation when it's unclear how it relates to any provided situation, frequently rendering judgments based to the intent of lawmakers along with the circumstances on the case at hand. This sort of decisions become a guide for future similar cases.
The DCFS social worker in charge in the boy’s case experienced the boy made a ward of DCFS, As well as in her 6-thirty day period report for the court, the worker elaborated on the boy’s sexual abuse history, and stated that she planned to maneuver him from a facility into a “more homelike setting.” The court approved her plan.
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The police have the power to arrest a person even without obtaining a warrant of arrest from a Court for cognizable offenses. The existence of this power casts an obligation on the police, and they must bear in mind, as held by this Court from time to time in its various pronouncemnts, that if a person is arrested for the crime, his constitutional and fundamental rights must not be violated. Primarily, the Police Officers are needed to protect and not abduct. Read more
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States also normally have courts that manage only a specific subset of legal matters, including family legislation and probate. Case legislation, also known as precedent or common law, may be the body of prior judicial decisions that guide judges deciding issues before them. Depending within the relationship between the deciding court and also the precedent, case legislation could be binding or merely persuasive. For example, a decision through the U.S. Court of Appeals to the Fifth Circuit is binding on all federal district courts within the Fifth Circuit, but a court sitting in California (whether a federal or state court) is just not strictly bound to Keep to the Fifth Circuit’s prior decision. Similarly, a decision by one particular district court in The big apple is not really binding on another district court, but the first court’s reasoning might help guide the second court in achieving its decision. Decisions via the U.S. Supreme Court are binding on all federal and state courts. Read more