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 on the police is usually to apprehend offenders, examine crimes, and prosecute them before the Courts, also to prevent the commission of crime, and above all, be certain regulation and order to protect citizens' lives and property. The legislation enjoins the police to become scrupulously fair to your offender as well as the Magistracy is to be sure 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 regulation and order situation have been the subject of adverse comments from this Court and from other Courts, However they have failed to have any corrective effect on it.
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14. From the light of your position explained over, it truly is concluded that a civil servant features a fundamental right to get promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but couldn't be viewed as for no fault of his own and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency in the duration of service or in 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(Author) Source: Order: Downloads 433 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
The ruling of the first court created case law that must be followed by other courts right until or unless either new law is created, or maybe a higher court rules differently.
The Supreme Court's explanation from Fida Muhammad v. Government of Khyber Pakhtunkhwa and others (2021 SCMR 1895), Plainly distinguished between up-gradation and promotion. Promotion entails a shift into a higher position with increased responsibilities and rank. Upgradation, around the other hand, provides financial relief by putting an employee in a very higher spend scale, without transforming their work duties or position. It is a mechanism designed to address the stagnation of employees who have remained in the same pay out scale for a lengthy time, particularly when they lack options for promotion. Upgradation is really a policy tool used to relieve the hardship of prolonged-term stagnation. Read more
However it is made apparent that police is free to acquire action against any person that is indulged in criminal activities subject to regulation. However no harassment shall be caused for the petitioner, if she acts within the bonds of law. Police shall also ensure regard with the family drop in accordance with law and should they have reasonable ground to prevent the congnizable offence they could act, so far as raiding the house is concerned the police shall safe concrete evidence and procure necessary permission from the concerned high police official/Magistrate as being a issue of security of your house is concerned, which is not really public place under the Act 1977. 9. Taking into consideration the aforementioned details, the objective of filing this petition has become reached. Therefore, this petition is hereby disposed of while in the terms stated over. Read more
All executive and judicial authorities throughout Pakistan are obligated to act in more info support on the Supreme Court, ensuring the enforcement of its judgments. Given that the Supreme Court could be the final arbitrator of all cases where the decision continues to be reached, the decision on the Supreme Court needs for being taken care of as directed in terms of Article 187(two) from the Constitution. Read more
Amir Abdul Majid, 2021 SCMR 420. twelve. There isn't any denial from the fact that in Government service it is anticipated that the persons owning their character previously mentioned board, free from any moral stigma, are for being inducted. Verification of character and antecedents is actually a condition precedent for appointment to the Government service. The candidates must have good character and supply two recent character certificates from unrelated individuals. What is discernible from the above is that the only impediment to being appointed to a Government service is the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a means out or guise to try and do away with the candidature of the petitioner. Read more
163 . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It's very well-settled that although considering the case of regular promotion of civil servants, the competent authority has got to consider the advantage of each of the suitable candidates and after thanks deliberations, to grant promotion to these kinds of suitable candidates who will be found for being most meritorious amongst them. Considering that the petitioner was held being senior to his colleagues who were promoted in BS-19, the petitioner was overlooked via the respondent department just to extend favor to your blue-eyed candidate based on OPS, which is apathy on the part of your respondent department.
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A year later, Frank and Adel have a similar problem. When they sue their landlord, the court must utilize the previous court’s decision in implementing the legislation. This example of case regulation refers to 2 cases read within the state court, for the same level.
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The Court directed the Chief Secretary of Sindh to ensure the Act's effective implementation in line with its first purpose and called for educational programs Bachelor degree(s) in the subject of cooperative societies. Read more